Limitation on Proceedings. No Holder of Purchase Contracts may institute any proceedings, judicial or otherwise, with respect to this Agreement or for any remedy hereunder, except in the case of failure of the Purchase Contract Agent, for 60 days, to act after the Purchase Contract Agent has received a written request to institute proceedings in respect of a default with respect to any covenant hereunder from the Holders of not less than 25% of the Outstanding Purchase Contracts, as well as an offer of indemnity reasonably satisfactory to the Purchase Contract Agent. This provision will not prevent any Holder of Purchase Contracts from instituting suit for the delivery of Common Stock deliverable upon settlement of the Purchase Contracts on the Mandatory Settlement Date or any Early Settlement Date, Fundamental Change Settlement Date or Early Mandatory Settlement Date.
Limitation on Proceedings. The Parties agree that it is a condition precedent to the commencement of any litigation proceedings by a party in respect of a dispute under, or in relation to, this Agreement (“Dispute”) that the party has complied fully with the agreed process for resolving a Dispute (“Dispute Resolution Process”) under this clause 21 (regardless of the level or levels on which the Dispute has been considered prior to the Signature Date) except:
21.1.1 where the Dispute concerns the non-payment of monies due, the quantum of which is certain; or
21.1.2 if the party seeks urgent interlocutory, injunctive or declaratory relief; or
21.1.3 if the other party has failed to observe the requirements of this clause and the party seeks to enforce compliance with the Dispute Resolution Process, in respect of the Dispute.
Limitation on Proceedings. The parties agree that it is a condition precedent to the commencement of any litigation proceedings by a party in respect of a dispute under, or in relation to, this agreement (Dispute) that the party has complied fully with the agreed process for resolving a Dispute (Dispute Resolution Process) under this clause (regardless of the level or levels on which the Dispute has previously been considered) except:
(a) where the Dispute concerns the non-payment of monies due, the quantum of which is certain; or
(b) if the party seeks urgent interlocutory, injunctive or declaratory relief; or
(c) if the other party has failed to observe the requirements of this clause and the party seeks to enforce compliance with the Dispute Resolution Process in respect of the Dispute.
Limitation on Proceedings. Holders of the ICONs may not themselves institute a proceeding against the Company on account of an Other Covenant Default unless, among other things, the Trustee fails to institute such a proceeding, subject to the terms of the this Indenture. However, the holders of 25% in principal amount of the ICONs may direct the Trustee to bring such a proceeding if an Other Covenant Default continues for a period of 90 days after delivery of specified notice to the Company from the Trustee or to the Company and the Trustee from the holders of a majority in principal amount of the ICONs, subject to the terms of this Indenture. Except with respect to covenants relating to the obligation of the Company to file periodic or other reports and an annual statement with respect to this Indenture defaults, this Indenture will not require the Trustee to take any action in case of an Other Covenant Default (other than to give notice of such Other Covenant Default to the holders of the ICONs under certain circumstances, as described below) unless so directed by the holders of the ICONs. In the case of an Other Covenant Default resulting from the failure or breach in regard to the obligation of the Company hereunder to file periodic or other reports or the annual statement with respect to defaults, such Other Covenant Default, after its continuance for 90 days after delivery of such specified notice, will be treated under this Indenture as if it were an event of default with respect to the ICONs, and the Trustee will have all of the rights, duties and obligations, and the holders of the ICONs will have all of the rights, in respect of such Other Covenant Default as if such Other Covenant Default were such an event of default, except that there will be no right to accelerate the payment of the ICONs. As to both Events of Default and Other Covenant Defaults, holders of the ICONs only have the right to institute a direct action against the Company upon compliance with the conditions specified in this Article III and Article Six of the Base Indenture.
Limitation on Proceedings. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of a majority in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders of the applicable Series.
Limitation on Proceedings. No Holder of Purchase Contracts (whether or not included in a Unit) may institute any proceedings, judicial or otherwise, with respect to this Purchase Contract Agreement or for any remedy hereunder, except in the case of failure of the Purchase Contract Agent, for 60 days, to act after the Purchase Contract Agent has received a written request to institute proceedings in respect of a default with respect to any covenant hereunder from the Holders of not less than 25% of the Outstanding Purchase Contracts, as well as an offer of indemnity satisfactory to the Purchase Contract Agent. This provision will not prevent any Holder of Purchase Contracts (whether or not included in a Unit) from instituting suit for the delivery of shares of Common Stock (and/or, in the case of an Acquisition Termination Redemption, any cash included in the Redemption Amount), Reference Property or cash in lieu of any fractional share or Reference Property upon settlement or redemption of the Purchase Contracts on the applicable Settlement Date.
Limitation on Proceedings. No proceeding regardless of form, arising out of this Agreement may be brought by either Party more than two (2) years after the existence of the cause of action has become known to the Party injured, except that proceedings related to the violation of any duty set forth in Paragraph Three (3) may be brought at any time, within the applicable statute of limitations, and proceedings for non-payment may be brought up to two (2) years after the last payment was due.
Limitation on Proceedings. Subject to any matter specifically referred to the Expert Accountant under this Agreement, the parties agree that it is a condition precedent to the commencement of any litigation proceedings by a party in respect of a dispute under, or in relation to, this Agreement ("Dispute") that the party has complied fully with the agreed process of resolving a Dispute ("Dispute Resolution Process") under this clause (regardless of the level or levels on which the Dispute has previously been considered).
Limitation on Proceedings. No Holder of Purchase Contracts (whether or not included in a Unit) may institute any proceedings, judicial or otherwise, with respect to this Agreement or for any remedy hereunder, except in the case of failure of the Purchase Contract Agent, for 60 days, to act after the Purchase Contract Agent has received a written request to institute proceedings in respect of a default with respect to any covenant hereunder from the Holders of not less than 25% of the Outstanding Purchase Contracts, as well as an offer of indemnity reasonably satisfactory to the Purchase Contract Agent. This provision will not prevent any Holder of Purchase Contracts (whether or not included in a Unit) from instituting suit for the delivery of Common Stock deliverable upon settlement of the Purchase Contracts on the Mandatory Settlement Date or any Early Settlement Date, Fundamental Change Settlement Date or Early Mandatory Settlement Date.
Limitation on Proceedings. No Holder of Purchase Contracts may institute any proceedings, judicial or otherwise, with respect to this Agreement or for any remedy hereunder, except in the case of failure of the Purchase Contract Agent, for 60 days, to act after the Purchase Contract Agent has received a written request to institute proceedings in respect of an Event of Default from the Holders of not less than 25% of the Outstanding Purchase Contracts, as well as an offer of indemnity reasonably satisfactory to the Purchase Contract Agent. This provision will not prevent any Holder of Purchase Contracts from instituting suit for the enforcement of payment of Contract Adjustment Payments payable with respect to the Purchase Contracts at the applicable Payment Dates or the or the delivery of HRH Common Stock or Exchange Property deliverable upon settlement of the Purchase Contracts on the Purchase Contract Settlement Date or any Acceleration Date.
