Direct Action. Notwithstanding any other provision of the Indenture, for as long as any Preferred Securities remain outstanding, to the fullest extent permitted by law, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay the principal of or premium, if any, or interest on the Debentures on the date such principal, premium, if any, or interest is otherwise payable, a holder of Preferred Securities may institute, to the fullest extent permitted by law, a proceeding directly against the Company (a "Direct Action") to enforce payment to such holder of the principal of or premium, if any, or interest on Debentures having an aggregate principal amount equal to the aggregate stated liquidation amount of the Preferred Securities of such holder.
Direct Action. Notwithstanding any other provision of the Indenture, for as long as any Preferred Securities remain outstanding, to the fullest extent permitted by law, if an Event of Default has occurred and is continuing and such event is attributable to the failure of Capital Markets to pay interest or principal on the Debentures on the date such interest or principal is otherwise payable (or in the case of redemption, the redemption date), then a holder of Preferred Securities may institute a proceeding directly against Capital Markets (a "Direct Action") to enforce payment to such holder of the principal or interest on Debentures having an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Securities of such holder.
Direct Action. In addition to any right of Direct Action granted under Section 6.5 of the Trust Agreement to the holders of Trust Preferred Securities, if the Property Trustee fails to enforce its rights under the Trust Agreement or the Indenture to the fullest extent permitted by law and subject to the terms of the Trust Agreement and the Indenture, then a holder of Trust Preferred Securities may directly institute a proceeding against the Company to enforce the Property Trustee's rights under the Trust Agreement or the Indenture without first instituting a legal proceeding against the Property Trustee or any other person.
Direct Action. Lessee shall have the full right to litigate directly with the condemning authority concerning any claim it may have for loss of business, or depreciation to, damage to, or cost of removal of, or for the value of, trade fixtures, furniture, and other personal property belonging to Lessee, moving expenses, and value, as of the date of taking, of Lessee’s leasehold interest in the Premises not so taken.
Direct Action. Notwithstanding any other provision of the Indenture, for as long as any Preferred Securities remain outstanding, to the fullest extent permitted by law, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Senior Notes on the date such interest or principal is otherwise payable (or in the case of redemption, the redemption date), then a holder of Preferred Securities may institute a proceeding directly against the Company (a "Direct Action") to enforce payment to such holder of the principal or interest on Senior Notes having an aggregate principal amount equal to the aggregate liquidation amount of the Preferred Securities of such holder.
Direct Action. ...4 Distribution....................................................................................4
Direct Action. Sublicensee shall have a right of direct action against DLC for any breaches by DLC of the Related Agreements and any waivers or failures by DLC to fully exploit and preserve its rights under the Related Agreements. For clarity, nothing in this Section 7 is intended to limit any provision of Section 1 of this Agreement. Before bringing action, Sublicensee must provide any required notices to DLC provided within the Related Agreements and wait until the end of any applicable cure period provided within the Related Agreements.
Direct Action. Notwithstanding any other provision of the Indenture, for as long as any Preferred Securities remain outstanding, to the fullest extent permitted by law, if an Event of Default has occurred and is continuing and such event is attributable to the failure of the Company to pay interest or principal on the Subordinated Debentures on the date such interest or principal is due and payable, any holder of Preferred Securities shall have the right to institute a proceeding directly against the Company for enforcement of payment to such holder of the principal of or interest (including any Compounded Interest or Additional Sums) on Subordinated Debentures having an aggregate principal amount equal to the aggregate liquidation amount of such holder's Preferred Securities (a "Direct Action"). The Company may not amend this Subordinated Indenture to remove the right to bring a Direct Action without the prior written consent of the holders of all the Preferred Securities then outstanding.
Direct Action. (i) Company shall be liable to Lincare directly for: (1) any breach of, or failure to perform by Company of any of their respective representations, warranties, covenants, obligations, liabilities, commitments or agreements under this Agreement (including, without limitation, any misrepresentation in, or omission from, any schedule, exhibit, statement, certificate, writing, list, instrument or report or other document furnished or to be furnished pursuant to this Agreement; (2) Lincare’s being required to assume or discharge any of the Excluded Liabilities; or (3) Lincare’s being required to assume or discharge by operation of law any debt, liability or obligation of Company, including, but not limited to, any liability or obligation arising under any federal, state or local bulk sales, bulk transfer or fraudulent conveyance law.
Direct Action. The term "
