Common use of Holders May Not Xxx Clause in Contracts

Holders May Not Xxx. No Holder of TCPL Sub Notes shall have the right to institute any action, suit or proceeding or to exercise any other remedy authorized or permitted by this Indenture or by law or by equity for the purpose of enforcing payment of interest owing on such TCPL Sub Notes, together with any other amounts payable with respect thereto, or for the execution of any trust or power hereunder, unless: 6.6.1 such Holder shall previously have given to the Trustee written notice of the occurrence of an Event of Default; 6.6.2 the Holders, by Extraordinary Resolution, shall have made a request to the Trustee to take action hereunder or the Holders’ Request referred to in section 6.5.4 shall have been delivered to the Trustee, and the Trustee shall have been offered a reasonable opportunity either itself to proceed to exercise the powers hereinbefore granted or to institute an action, suit or proceeding in its name for such purpose; 6.6.3 the Holders or any of them shall have furnished to the Trustee, when requested by the Trustee, sufficient funds and an indemnity in accordance with section 11.4.2; and 6.6.4 the Trustee shall have failed to act within a reasonable time thereafter. In such event but not otherwise, any Holder, acting on behalf of such Holder and all other Holders, shall be entitled to take proceedings in any court of competent jurisdiction, including proceedings to seek enforcement of their rights against the Issuer in an Event of Default, such as the Trustee might have taken under section 6.5, but in no event shall any Holder or combination of Holders have any right to take any other remedy or proceedings out of court; it being understood and intended that no one or more Holders of TCPL Sub Notes shall have any right in any manner whatsoever to enforce any right hereunder or under any TCPL Sub Notes except subject to the conditions and in the manner herein provided, and that all powers and trusts hereunder shall be exercised and all proceedings at law shall be instituted, had and maintained by the Trustee, except only as herein provided, and in any event for the equal benefit of all Holders of outstanding TCPL Sub Notes.

Holders May Not Xxx. No Holder of TCPL Sub Trust Notes shall have the right to institute any action, suit or proceeding or to exercise any other remedy authorized or permitted by this Indenture or by law or by equity for the purpose of enforcing payment of interest owing on such TCPL Sub Trust Notes, together with any other amounts payable with respect thereto, or for the execution of any trust or power hereunder, unless: 6.6.1 such Holder shall previously have given to the Trustee written notice of the occurrence of an Event of Default; 6.6.2 the Holders, by Extraordinary Resolution, shall have made a request to the Trustee to take action hereunder or the Holders’ Request referred to in section 6.5.4 shall have been delivered to the Trustee, and the Trustee shall have been offered a reasonable opportunity either itself to proceed to exercise the powers hereinbefore granted or to institute an action, suit or proceeding in its name for such purpose; 6.6.3 the Holders or any of them shall have furnished to the Trustee, when requested by the Trustee, sufficient funds and an indemnity in accordance with section 11.4.2; and 6.6.4 the Trustee shall have failed to act within a reasonable time thereafter. In such event but not otherwise, any Holder, acting on behalf of such Holder and all other Holders, shall be entitled to take proceedings in any court of competent jurisdiction, including proceedings to seek enforcement of their rights against the Issuer in an Event of Default, such as the Trustee might have taken under section 6.5, but in no event shall any Holder or combination of Holders have any right to take any other remedy or proceedings out of court; it being understood and intended that no one or more Holders of TCPL Sub Trust Notes shall have any right in any manner whatsoever to enforce any right hereunder or under any TCPL Sub Trust Notes except subject to the conditions and in the manner herein provided, and that all powers and trusts hereunder shall be exercised and all proceedings at law shall be instituted, had and maintained by the Trustee, except only as herein provided, and in any event for the equal benefit of all Holders of outstanding TCPL Sub Trust Notes.

Holders May Not Xxx. No Holder of TCPL Sub Notes shall have the right to institute any action, suit or proceeding or to exercise any other remedy authorized or permitted by this Indenture or by law or by equity for the purpose of enforcing payment of interest owing on such TCPL Sub Notes, together with any other amounts payable with respect thereto, or for the execution of any trust or power hereunder, unless: 6.6.1 6.6.1. such Holder shall previously have given to the Trustee written notice of the occurrence of an Event of Default; 6.6.2 6.6.2. the HoldersHolders of Notes affected, by Extraordinary Resolution, shall have made a request to the Trustee to take action hereunder or the Holders’ Request instrument referred to in section Section 6.5.4 shall have been delivered to the Trustee, and the Trustee shall have been offered a reasonable opportunity either itself to proceed to exercise the powers hereinbefore granted or to institute an action, suit or proceeding in its name for such purpose; 6.6.3 6.6.3. the Holders or any of them shall have furnished to the Trustee, when requested by the Trustee, sufficient funds and an indemnity in accordance with section Section 11.4.2; and 6.6.4 6.6.4. the Trustee shall have failed to act within a reasonable time thereafter. In such event but not otherwise, any Holder, acting on behalf of such Holder and all other Holders, shall be entitled to take proceedings in any court of competent jurisdiction, including proceedings to seek enforcement of their rights against the Issuer in an Event of Default, such as the Trustee might have taken under section Section 6.5, but in no event shall any Holder or combination of Holders have any right to take any other remedy or proceedings out of court; it being understood and intended that no one or more Holders of TCPL Sub Notes shall have any right in any manner whatsoever to enforce any right hereunder or under any TCPL Sub Notes except subject to the conditions and in the manner herein provided, and that all powers and trusts hereunder shall be exercised and all proceedings at law shall be instituted, had and maintained by the Trustee, except only as herein provided, and in any event for the equal benefit of all Holders of outstanding TCPL Sub Notes.

Holders May Not Xxx. No Holder of TCPL Sub Notes shall have the any right to institute any action, suit or proceeding or to exercise any other remedy authorized or permitted by this Indenture or by law or by equity for the purpose of enforcing payment of interest owing on such TCPL Sub Notes, together with any other amounts payable Proceeding with respect theretoto, or otherwise pursue or enforce any remedy with respect to, any Series Specific Document, or for the execution appointment of a receiver or trustee of the Issuer or any trust or power hereunder, Restricted Subsidiary unless: 6.6.1 (a) such Holder shall previously have given to or received from the Trustee written notice of the occurrence of an a continuing Event of DefaultDefault with respect to the applicable Series; 6.6.2 (b) the Holders, by Extraordinary Resolution, Holders of more than 25% of the aggregate unpaid principal amount of such Series shall have made a written request to the Trustee to take action hereunder or the Holders’ Request referred to in section 6.5.4 shall have been delivered to the Trustee, and the Trustee shall have been offered a afforded reasonable opportunity either itself to either proceed to exercise the powers hereinbefore granted in this Indenture, or to institute an action, suit or proceeding a Proceeding in its name for such purposethe purpose requested; 6.6.3 the (c) such Holders or any of them shall have furnished provided to the Trustee, when requested by the Trustee, Trustee sufficient funds and an indemnity in accordance with section 11.4.2; andas contemplated by Section 8.3; 6.6.4 (d) the Trustee shall have failed to act within a reasonable time thereafter. In time, which for the purposes of the related Series Specific Documents shall not exceed a period of 60 days after such event but notification, request and offer of sufficient funds and indemnity by such Holders; (e) during the 60-day period referred to Section 7.1(d) such Event of Default has not otherwise, any Holder, acting on behalf been waived as provided herein; (f) during such 60-day period the Declaration of Acceleration in respect of such Holder and all other Holders, shall be entitled to take proceedings in any court of competent jurisdiction, including proceedings to seek enforcement of their rights against the Issuer in an Event of Default, Default has not been rescinded and annulled as provided herein; and (g) during such as 60-day period the Trustee might have taken under section 6.5, but in no event shall any has not received a contrary Holder or combination Direction from the Holders of Holders have any right to take any other remedy or proceedings out of courtsuch Series; it being understood and intended that no one or more Holders of TCPL Sub Notes Holder shall have any right in any manner whatsoever whatever to take any action to affect, disturb or prejudice the rights of any other Holders (whether of the same Series or any other Series) or to obtain or seek to obtain priority over or preference to any other Holders (whether of the same Series or any other Series) (subject to any applicable subordination provisions or defeasance or sinking fund provisions applicable to one or more Series), or to enforce any right hereunder or under any TCPL Sub Notes except subject to the conditions and related Series Specific Documents, other than in the manner herein provided, provided in this Indenture and that all powers and trusts hereunder shall be exercised and all proceedings at law shall be instituted, had and maintained by the Trustee, except only as herein provided, and in any event for the equal equal, rateable and common benefit of all Holders of outstanding TCPL Sub Notessuch Series.

Holders May Not Xxx. No Holder of TCPL Sub Notes shall have the right to institute any action, suit or proceeding or to exercise any other remedy authorized or permitted by this Indenture or by law or by equity for the purpose of enforcing payment of interest owing on such TCPL Sub Notes, together with any other amounts payable with respect thereto, or for the execution of any trust or power hereunder, unless: 6.6.1 6.6.1. such Holder shall previously have given to the Trustee written notice of the occurrence of an Event of Default; 6.6.2 6.6.2. the Holders, by Extraordinary Resolution, shall have made a request to the Trustee to take action hereunder or the Holders’ Request instrument referred to in section Section 6.5.4 shall have been delivered to the Trustee, and the Trustee shall have been offered a reasonable opportunity either itself to proceed to exercise the powers hereinbefore granted or to institute an action, suit or proceeding in its name for such purpose; 6.6.3 6.6.3. the Holders or any of them shall have furnished to the Trustee, when requested by the Trustee, sufficient funds and an indemnity in accordance with section Section 11.4.2; and 6.6.4 6.6.4. the Trustee shall have failed to act within a reasonable time thereafter. In such event but not otherwise, any Holder, acting on behalf of such Holder and all other Holders, shall be entitled to take proceedings in any court of competent jurisdiction, including proceedings to seek enforcement of their rights against the Issuer in an Event of Default, such as the Trustee might have taken under section Section 6.5, but in no event shall any Holder or combination of Holders have any right to take any other remedy or proceedings out of court; it being understood and intended that no one or more Holders of TCPL Sub Notes shall have any right in any manner whatsoever to enforce any right hereunder or under any TCPL Sub Notes except subject to the conditions and in the manner herein provided, and that all powers and trusts hereunder shall be exercised and all proceedings at law shall be instituted, had and maintained by the Trustee, except only as herein provided, and in any event for the equal benefit of all Holders of outstanding TCPL Sub Notes.