Common use of Enforcement of Guarantee Clause in Contracts

Enforcement of Guarantee. The Guarantor and the GUARANTEE Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Trustee has the right to enforce this GUARANTEE Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Agreement including the giving of directions to the GUARANTEE Trustee, or exercising any trust or other power conferred upon the GUARANTEE Trustee under this GUARANTEE Agreement, and (iv) if the GUARANTEE Trustee fails to enforce this GUARANTEE Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Trustee fails to enforce this GUARANTEE Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its such Holder's rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Agreement Guarantee Agreement, including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Trustee fails to enforce this GUARANTEE Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its such Holder's rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other PersonPerson and without prior notice to the Guarantee Trustee.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Guarantee Trustee fails to enforce this GUARANTEE Guarantee Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) notwithstanding the foregoing, if the GUARANTEE Trustee fails Guarantor has failed to enforce this GUARANTEE Agreementmake any Guarantee Payment hereunder, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Preferred Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Preferred Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Preferred Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Preferred Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Preferred Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Preferred Guarantee Trustee fails to enforce this GUARANTEE Guarantee Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Preferred Guarantee Trustee, or any other Person; all as provided in this Guarantee Agreement.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Guarantee Trustee fails to enforce this GUARANTEE Guarantee Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against either or both of the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, ; and (iv) if the GUARANTEE Trustee fails to enforce this GUARANTEE Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its such Holder’s rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if notwithstanding the GUARANTEE Trustee fails to enforce this GUARANTEE Agreementforegoing, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, ; and (iv) if the GUARANTEE Trustee fails to enforce this GUARANTEE Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its such Holder's rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Trustee fails to enforce this GUARANTEE Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its such Holder's rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.. SECTION 5.5

Enforcement of Guarantee. The Guarantor Guarantors and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Guarantee Trustee fails to enforce this GUARANTEE Guarantee Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against either or both of the Guarantor Guarantors to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge and agree that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Outstanding Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Guarantee Trustee in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, ; and (iv) if the GUARANTEE Guarantee Trustee fails to enforce this GUARANTEE AgreementGuarantee Agreement as provided in clauses (ii) and (iii) above, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Trustee, Guarantee Trustee or any other Person.other

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Guarantee Trustee fails to enforce this GUARANTEE Guarantee Agreement, any Holder of Preferred Securities may may, after a period of 30 days has elapsed from such Holder's written request to the Guarantee Trustee to enforce this Guarantee Agreement, institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Guarantee Trustee fails to enforce this GUARANTEE AgreementGuarantee Agreement after a period of 90 days has elapsed from such Holders' written request to the Guarantee Trustee, any Holder of Preferred Securities may institute a legal proceeding directly against either or both of the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Guarantee Trustee, or any other Person.

Enforcement of Guarantee. The Guarantor and the GUARANTEE Preferred Guarantee Trustee expressly acknowledge that (i) this Guarantee Agreement will be deposited with the GUARANTEE Preferred Guarantee Trustee to be held for the benefit of the Holders; (ii) the GUARANTEE Preferred Guarantee Trustee has the right to enforce this GUARANTEE Guarantee Agreement on behalf of the Holders; (iii) Holders representing not less than a Majority in liquidation amount of the Preferred Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available in respect of this GUARANTEE Guarantee Agreement including the giving of directions to the GUARANTEE Preferred Guarantee Trustee, or exercising any trust or other power conferred upon the GUARANTEE Preferred Guarantee Trustee under this GUARANTEE Guarantee Agreement, and (iv) if the GUARANTEE Preferred Guarantee Trustee fails to enforce this GUARANTEE Guarantee Agreement, any Holder of Preferred Securities may institute a legal proceeding directly against the Guarantor to enforce its rights under this GUARANTEE Guarantee Agreement, without first instituting a legal proceeding against the Issuer, the GUARANTEE Preferred Guarantee Trustee, or any other Person.