Common use of Direct Action Clause in Contracts

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.

Appears in 2 contracts

Samples: First Supplemental Indenture (Consolidated Natural Gas Co/Va), Third Supplemental Indenture (Dominion Resources Inc /Va/)

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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 Capital 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 Capital 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.

Appears in 1 contract

Samples: Second Supplemental Indenture (Dominion Resources Inc /Va/)

Direct Action. In addition to any right of Direct Action granted under Section 6.5 3.8(e) of the Trust Agreement to the holders of Trust Preferred Capital 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 Capital 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.]

Appears in 1 contract

Samples: Supplemental Indenture (Energy East Capital Trust Ii)

Direct Action. In addition to any right of Direct Action granted under Section 6.5 3.8 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.]

Appears in 1 contract

Samples: Supplemental Indenture (CSX Capital Trust 1)

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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 Capital 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 Capital 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.]

Appears in 1 contract

Samples: Supplemental Indenture (Dominion Resources Capital Trust Iv)

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