Remedies Cumulative and Continuing. Except as provided in Section 2.06, all powers and remedies given by this Article 8 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.04, every power and remedy given by this Article 8 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 3 contracts
Sources: Indenture (Durect Corp), Indenture (Celgene Corp /De/), Indenture (Atherogenics Inc)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 8 7 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 3 contracts
Sources: Indenture (Lifepoint Hospitals, Inc.), Indenture (Encore Capital Group Inc), Indenture (Lifepoint Hospitals, Inc.)
Remedies Cumulative and Continuing. Except as provided in Section 2.06To the extent permitted by law, all powers and remedies given by this Article 8 6 to the Trustee or to the Noteholders shall, to the extent permitted by law, shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.046.04, every power and remedy given by this Article 8 6 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 3 contracts
Sources: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty Corp)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 8 V to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 8.045.04, every power and remedy given by this Article 8 V or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, expedient by the Trustee or by the Noteholders.
Appears in 3 contracts
Sources: Indenture (Sandisk Corp), Indenture (Sandisk Corp), Indenture (Sandisk Corp)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 7 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 2 contracts
Sources: Indenture (Gramercy Property Trust Inc.), Indenture (SL Green Operating Partnership, L.P.)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Six to the Trustee or to the Noteholders Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Debentures, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Debentures to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.046.04, every power and remedy given by this Article 8 Six or by law to the Trustee or to the Noteholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the NoteholdersDebentureholders.
Appears in 2 contracts
Sources: Indenture (Comcast Cable Communications Inc), Indenture (Zenith Electronics Corp)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Nine to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise Holder of any of the Notes in exercising any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.049.4 hereof, every power and remedy given by this Article 8 Nine or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 2 contracts
Sources: Indenture of Trust (Florida Public Utilities Co), Indenture of Trust (Florida Public Utilities Co)
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 8 5 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof other power or of any other powers and remedies remedy given hereunder or otherwise available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 8.045.04, every power and remedy given by this Article 8 5 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, expedient by the Trustee or by the Noteholders.
Appears in 2 contracts
Sources: Indenture (Cadence Design Systems Inc), Indenture (Cadence Design Systems Inc)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Eight to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise Holder of any of the Notes in exercising any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.048.04 hereof, every power and remedy given by this Article 8 Eight or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 2 contracts
Sources: Indenture (Puget Sound Energy Inc), Indenture (Puget Sound Energy Inc)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Seven to the Trustee or to the Noteholders Debentureholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other thereof or of any other powers and remedies available to the Trustee or the NoteholdersDebentureholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Debentures to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid aforesaid, shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 Seven or by law to the Trustee or to the Noteholders Debentureholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the NoteholdersDebentureholders.
Appears in 1 contract
Sources: Indenture (Philip Services Corp)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all powers and remedies given by this Article 8 3 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.04, every power and remedy given by this Article 8 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Atherogenics Inc)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 VII to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise Holder of any of the Notes in exercising any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.047.7, every power and remedy given by this Article 8 VII or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Mge Energy Inc)
Remedies Cumulative and Continuing. Except as provided in Section 2.06To the extent permitted by law, all powers and remedies given by this Article 8 VI to the Trustee or to the Noteholders shall, to the extent permitted by law, shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.046.04, every power and remedy given by this Article 8 VI or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Seven to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise Holder of any of the Notes in exercising any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.047.04 hereof, every power and remedy given by this Article 8 Seven or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.. SECTION
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.07, all powers and remedies given by this Article 8 VII to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, ; and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 VII or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies ---------------------------------- given by this Article 8 Six to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.046.04, every power and remedy given by this Article 8 Six or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Eight to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise Holder of any of the Notes in exercising any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.04, every power and remedy given by this Article 8 Eight or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 Six to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.046.04, every power and remedy given by this Article 8 Six or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all powers and remedies given by this Article 8 Seven to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 Seven or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Chiron Corp)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 VI to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.046.04, every power and remedy given by this Article 8 VI or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Agco Corp /De)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 VI to the Trustee or to the Noteholders holders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.046.05, every power and remedy given by this Article 8 VI or by law to the Trustee or to the Noteholders holders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholdersholders.
Appears in 1 contract
Sources: Indenture (Macerich Co)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 6 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.046.4, every power and remedy given by this Article 8 6 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in the last paragraph of Section 2.062.08, all powers and remedies given by this Article 8 to the Trustee or V to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or holders of the NoteholdersNotes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureNote Agreement or otherwise established with respect to the Notes, and no delay or omission of the Trustee or any holder of any Noteholder of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.045.04, every power and remedy given by this Article 8 V or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Subordinated Deferrable Interest Note Agreement (FBL Financial Group Inc)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.04, every power and remedy given by this Article 8 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Sl Green Realty Corp)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all powers and remedies given by this Article 8 7 to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholders, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Compudyne Corp)
Remedies Cumulative and Continuing. Except as provided in Section 2.06To the extent permitted by law, all powers and remedies given by this Article 8 7 to the Trustee or to the Noteholders shall, to the extent permitted by law, shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this the Indenture, and no delay or omission of the Trustee or of any Noteholder Holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any acquiescence therein, and, subject to the provisions of Section 8.047.04, every power and remedy given by this Article 8 7 or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Wells Real Estate Investment Trust Ii Inc)
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 VIII to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof powers and remedies hereof or of any other powers and remedies available to the Trustee or the NoteholdersHolders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture, and no delay or omission of the Trustee or of any Noteholder to exercise Holder of any of the Notes in exercising any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.048.4 hereof, every power and remedy given by this Article 8 VIII or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Remedies Cumulative and Continuing. Except as provided in Section 2.06, all All powers and remedies given by this Article 8 V to the Trustee or to the Noteholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Noteholdersholders of the Notes, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise established with respect to the Notes, and no delay or omission of the Trustee or of any Noteholder holder of any of the Notes to exercise any right or power accruing upon any default or Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or any an acquiescence therein, ; and, subject to the provisions of Section 8.045.06, every power and remedy given by this Article 8 V or by law to the Trustee or to the Noteholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Noteholders.
Appears in 1 contract
Sources: Indenture (Flushing Financial Corp)