Common use of Remedies Cumulative and Continuing Clause in Contracts

Remedies Cumulative and Continuing. All powers and remedies given by this Article Six to the Trustee or to the Holders of Securities or coupons 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 Holders of Securities or coupons, 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 Holder of any of the Securities or coupons to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.04, every power and remedy given by this Article Six or by law to the Trustee or to the Holders of Securities or coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may be.

Remedies Cumulative and Continuing. All To the extent permitted by law, all powers and remedies given by this Article Six Five to the Trustee or to the Holders of Securities or coupons shall, to the extent permitted by law, of any particular series shall be deemed cumulative and not exclusive of any thereof or of any other powers and remedies available to the Trustee or the Holders of Securities or couponssuch Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or in the Securities of such series or related Guarantees, and no delay or omission of the Trustee or of any Holder of any Securities of the Securities or coupons any particular series 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 power, or shall be construed to be a waiver of any such default or an any acquiescence therein; , and, subject to the provisions of Section 6.04504, every power and remedy given by this Article Six Five or by law to the Trustee or to the Holders of such Securities or coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may besuch Securities.

Remedies Cumulative and Continuing. All powers and remedies given by this Article Six to the Trustee or to the Holders holders of the Securities of any series or coupons Coupons appertaining to such Securities 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 Holders holders of such Securities or couponsCoupons, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Subordinated Debt Indenture, and no delay or omission of the Trustee or of any Holder holder of any of the such Securities or coupons Coupons to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.04, every power and remedy given by this Article Six or by law to the Trustee or to the Holders holders of the Securities of any series or coupons Coupons appertaining to such Securities may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holders of such Securities or coupons, as the case may beCoupons.

Remedies Cumulative and Continuing. All DELAY OR OMISSION NOT --------------------------------------------------------- A WAIVER. Except as otherwise provided in Section 2.6, all powers and remedies ---------- given by this Article Six V to the Trustee or to the Holders of Securities or coupons Securityholders 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 Holders holders of Securities or couponsthe Debentures, 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 Debentures, and no delay or omission of the Trustee or of any Holder holder of any of the Securities or coupons Debentures to exercise any right right, remedy or power accruing upon any default Event of Default occurring and continuing as aforesaid shall impair any such right right, remedy or power power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.045.4, every power and remedy given by this Article Six V or by law to the Trustee or to the Holders of Securities or coupons Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee (in accordance with its duties under Section 6.1) or by the Holders of Securities or coupons, as the case may beSecurityholders.

Remedies Cumulative and Continuing. All powers and remedies given by this Article Six VI to the Trustee or to the Holders of Securities or coupons Coupons 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 Holders of Securities or couponsCoupons, 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 Holder of any of the Securities or coupons Coupons to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.04, every power and remedy given by this Article Six VI or by law to the Trustee or to the Holders of Securities or coupons Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or couponsCoupons, as the case may be.

Remedies Cumulative and Continuing. All Except as provided in subsections (d) and (e) of Section 3.07 of the Base Indenture, all powers and remedies given by this Article Six 6 to the Trustee or to the Holders of Securities or coupons 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 Holders of Securities or couponsthe 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 Holder of any of the Securities or coupons Notes to exercise any right or power accruing upon any default occurring and continuing as aforesaid Default or Event of Default shall impair any such right or power power, or shall be construed to be a waiver of any such default Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.046.07, every power and remedy given by this Article Six 6 or by law to the Trustee or to the Holders of Securities or coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may beHolders.

Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 306 of the Base Indenture, all powers and remedies given by this Article Six 5 to the Trustee or to the Holders of Securities or coupons the Notes 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 Holders of Securities or couponsthe 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 Holder of any of the Securities or coupons Notes to exercise any right or power accruing upon any default Default or Event of Default occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.045.05, every power and remedy given by this Article Six 5 or by law to the Trustee or to the Holders of Securities or coupons the Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may beNotes.

Remedies Cumulative and Continuing. All powers and remedies given by this Article Six Seven to the Trustee or to the Holders of Debt Securities or coupons of any series 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 Holders of the Debt Securities or couponsof such series, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this IndentureIndenture or otherwise made applicable to such Debt Securities, and no delay or omission of the Trustee or of any Holder of any of the Debt Securities or coupons of a series to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.047.04, every power and remedy given by this Article Six Seven or by law to the Trustee or to the Holders of Securities or coupons a series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may besuch series.

Remedies Cumulative and Continuing. All Except as otherwise provided herein and in the Convertible Bonds, all powers and remedies given by this Article Six hereunder to the Trustee Trustees or to the Holders of Securities or coupons Bondholders 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 Trustees or the Holders of Securities or couponsthe Convertible Bonds, 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 Trustees or of any Holder of any of the Securities or coupons Convertible Bonds 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 power, or shall be construed to be a waiver of any such default or an any acquiescence therein; , and, subject to the provisions of Section 6.045.08, every power and remedy given by this Article Six Indenture or by law to the Indenture Trustee or to the Holders of Securities Co-Trustee or coupons to the Bondholders may be exercised from time to time, and as often as shall be deemed expedient, by the Indenture Trustee, the Co-Trustee or by the Holders of Securities or coupons, as the case may beBondholders.

Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 2.06 [Mutilated, Destroyed, Lost or Stolen Notes], all powers and remedies given by this Article Six 6 [Defaults and Remedies] to the Trustee or to the Holders of Securities or coupons 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 Holders of Securities or couponsthe 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 Holder of any of the Securities or coupons Notes to exercise any right or power accruing upon any default occurring and continuing as aforesaid Default or Event of Default shall impair any such right or power power, or shall be construed to be a waiver of any such default Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.046.06 [Proceedings by Holders], every power and remedy given by this Article Six 6 [Defaults and Remedies] or by law to the Trustee or to the Holders of Securities or coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may beHolders.

Remedies Cumulative and Continuing. All powers and remedies given by this Article Six to the Trustee or to the Holders holders of the Debt Securities or coupons of any series 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 Holders holders of Securities or couponssuch Debt Securities, 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 Holder holder of any of the such Debt Securities or coupons to exercise any right or power accruing upon any default or non-compliance occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default or non-compliance or an acquiescence therein; and, subject to the provisions of Section 6.04, every power and remedy given by this Article Six or by law to the Trustee or to the Holders holders of the Debt Securities or coupons of any series may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders holders of Securities or coupons, as the case may besuch Debt Securities.

Remedies Cumulative and Continuing. All Except as provided in the last paragraph of Section 3.06 of the Base Indenture, all powers and remedies given by this Article Six 5 to the Trustee or to the Holders of Securities or coupons the Notes 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 Holders of Securities or couponsthe 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 Holder of any of the Securities or coupons Notes to exercise any right or power accruing upon any default Default or Event of Default occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default Default or an Event of Default or any acquiescence therein; and, subject to the provisions of Section 6.045.08, every power and remedy given by this Article Six 5 or by law to the Trustee or to the Holders of Securities or coupons the Notes may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may beNotes.

Remedies Cumulative and Continuing. All Except as otherwise provided in Section 2.10, all powers and remedies given by this Article Six V to the Indenture Trustee or to the Holders of Securities or coupons Securityholders 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 Indenture Trustee or the Holders holders of Securities or couponsthe Debt Securities, 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 Debt Securities, and no delay or omission of the Indenture Trustee or of any Holder holder of any of the Debt Securities or coupons to exercise any right or power accruing upon any default Event of Default occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.045.04, every power and remedy given by this Article Six V or by law to the Indenture Trustee or to the Holders of Securities or coupons Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Indenture Trustee or by the Holders of Securities or coupons, as the case may beSecurityholders.

Remedies Cumulative and Continuing. All Delay or Omission Not a Waiver. Except as otherwise provided in Section 2.6, all powers and remedies given by this Article Six V to the Trustee or to the Holders of Securities or coupons Securityholders 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 Holders holders of Securities or couponsthe Debentures, 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 Debentures, and no delay or omission of the Trustee or of any Holder holder of any of the Securities or coupons Debentures to exercise any right right, remedy or power accruing upon any default Default occurring and continuing as aforesaid shall impair any such right right, remedy or power power, or shall be construed to be a waiver of any such default Default or an acquiescence therein; and, subject to the provisions of Section 6.045.6, every power and remedy given by this Article Six V or by law to the Trustee or to the Holders of Securities or coupons Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee (in accordance with its duties under Section 6.1) or by the Holders of Securities or coupons, as the case may beSecurityholders.

Remedies Cumulative and Continuing. All powers and remedies given by this Article Six Five to the Trustee or to the Holders of Securities Debentures of any series or coupons to the Holders of any Coupons appertaining thereto 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 Holders of Securities the Debentures of such series or couponsto the Holders of such Coupons, 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 Holder of any of the Securities Debentures of a series or coupons of any Holder of any such Coupons to exercise any right or power accruing upon any default occurring and continuing as aforesaid shall impair any such right or power power, or shall be construed to be a waiver of any such default or an acquiescence therein; and, subject to the provisions of Section 6.04504, every power and remedy given by this Article Six Five or by law to the Trustee or to the such Holders of Securities or coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or coupons, as the case may besuch Holders.