Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 61 contracts
Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (RAM Holdings Ltd.), Indenture (Assured Guaranty LTD)
Rights and Remedies Cumulative. Except To the extent permitted by applicable law and except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 41 contracts
Samples: Reconciliation And (Hunt J B Transport Services Inc), Indenture (KKR Financial Holdings IV, LLC), Indenture (ABB Finance (USA) Inc.)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 36 contracts
Samples: Indenture (Reckson Operating Partnership Lp), Indenture (CSX Transportation Inc), Indenture (Winn Dixie Stores Inc)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons coupons in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee Trustees or to each and every Holder the Holders of a Security Securities or a Coupon coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 13 contracts
Samples: Indenture (Energy Fuels Inc), Indenture (Engine Media Holdings, Inc.), Indenture (Bragg Gaming Group Inc.)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder the Holders of a Security Securities or a Coupon Coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 9 contracts
Samples: Indenture (Newell Rubbermaid Inc), Indenture (Harley Davidson Inc), Indenture (Harley Davidson Inc)
Rights and Remedies Cumulative. Except To the extent permitted by applicable law and except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 5 contracts
Samples: Indenture (Avalonbay Communities Inc), Solarcity Corp, Abb LTD
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 5 contracts
Samples: Indenture (PartnerRe Finance B LLC), Indenture (Partnerre LTD), Partnerre Capital Trust Iii
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Subordinated Trustee for the Securities of any series or to each and every Holder the Holders of a Security or a Coupon Securities is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 4 contracts
Samples: Prudential Subordinated Indenture (Prudential PLC), Indenture (Prudential PLC), Subordinated Indenture (Prudential PLC)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities Debentures or Coupons in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder the Holders of a Security Debentures or a Coupon Coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 4 contracts
Samples: Sun Healthcare Group Inc, Calenergy Capital Trust Vi, Sun Healthcare Group Inc
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every . Every right and remedy, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 3 contracts
Samples: Subordinated Indenture (National City Corp), National City Corp, National City Corp
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons coupons in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Indenture Trustee or to each and every Holder the Holders of a Security Securities or a Coupon coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 3 contracts
Samples: Indenture (Lexington Corporate Properties Trust), Lexington Corporate Properties Inc, Lexington Corporate Properties Trust
Rights and Remedies Cumulative. Except To the extent permitted by applicable law, except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6306, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon the Holders is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 2 contracts
Samples: Covenants (Sola International Inc), Sola International Inc
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities Notes or Coupons in the last paragraph of Section 3.63.5, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security Note or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 2 contracts
Samples: Cit Group Inc, Cit Group Inc
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder the Holders of a Security Securities or a Coupon Coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 2 contracts
Samples: Indenture (Transalta Corp), Indenture (Transalta Corp)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or ------------ reserved to the Trustee or to each and every Holder the Holders of a Security Securities or a Coupon Coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, to the extent permitted by law, shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter hereinafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons coupons in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee, the Co-Trustee or to each and every Holder the Holders of a Security Securities or a Coupon coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Indenture (CI Financial Corp.)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons Notes in the last paragraph of Section 3.63.6 of the Base 19438429.8 219280-10005 17 Indenture, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon the Holders is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, 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 or stolen Securities or Coupons coupons in the last paragraph of Section 3.63.06, no right or remedy herein conferred upon or reserved to the Indenture Trustee or to each and every Holder the Holders of a Security Securities or a Coupon coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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 otherwiseorotherwise, shall not, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Chartermac
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee for the Securities of any series or to each and every Holder the Holders of a Security or a Coupon such Securities is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Lehman Brothers Inc//
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities Debentures or Coupons in the last paragraph of Section 3.63.5, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder the Holders of a Security Debentures or a Coupon Coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Indenture (KFX Inc)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities Notes or Coupons coupons in the last paragraph of Section 3.6, subject to Section 5.8, no right or remedy herein conferred upon or reserved to the Trustee or Trustees or to each and every Holder the Holders of a Security Notes or a Coupon coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Indenture (Brookfield Infrastructure Partners L.P.)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.63.6 or to unclaimed moneys paid over to the Company under the last paragraph of Section 10.3, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder of a Security or a Coupon the Holders is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: PSF Holdings LLC
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.62.9, no right or remedy herein conferred upon or reserved to the Trustee or to each and every Holder the Holders of a Security Securities or a Coupon Coupons is intended to be exclusive of any other right or remedy, and every right and remedyremedy shall, 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, to the extent permitted by law, not prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Indenture (Ecolab Inc)
Rights and Remedies Cumulative. Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities or Coupons in the last paragraph of Section 3.6, no right or remedy herein conferred upon or reserved to the Trustee or Trustee, to each and every Holder of a Security or a Coupon is intended to be exclusive of any other right or remedy, and every right and remedy, 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, to the extent permitted by law, prevent the concurrent assertion or employment of any other appropriate right or remedy.
Appears in 1 contract
Samples: Ace LTD