Common use of Limitation on Suits by Holders of Notes Clause in Contracts

Limitation on Suits by Holders of Notes. No Holder of any Notes will 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 Notes, (b) the Holders of not less than 25% in principal amount of the Outstanding Notes have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as 107 Trustee hereunder, (c) such Holder or Holders have furnished to the Trustee reasonable indemnity against the costs, expenses, and liabilities to be incurred in compliance with such request, (d) the Trustee for 60 calendar days after its receipt of such notice, request, and 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 Notes, it being understood and intended that no one or more of such Holders will 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 of such Holders.

Limitation on Suits by Holders of Notes. No Holder holder of any Notes will Note shall have any right by virtue or by availing of any provision of this Indenture or any supplemental indenture to institute any proceedingsuit, judicial action or otherwise, proceeding in equity or at law upon or under or with respect to this Indenture, Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (a) such Holder has holder previously shall have given written notice to the Trustee written notice of a continuing Event default and of Default with respect to the Notescontinuance thereof, (b) as hereinabove provided, and unless also the Holders holders of not less than 25% in aggregate principal amount of the Outstanding Notes then outstanding shall have made written request to upon the Trustee to institute proceedings in respect of such Event of Default action, suit or proceeding in its own name as 107 Trustee hereunder, (c) such Holder or Holders hereunder and shall have furnished offered to the Trustee such reasonable indemnity as it may require against the costs, expenses, expenses and liabilities to be incurred in compliance with such requesttherein or thereby, (d) and the Trustee Trustee, for 60 calendar days after its receipt of such notice, requestrequest and offer of indemnity, and indemnity has failed shall have neglected or refused to institute any such proceedingaction, suit or proceeding and (e) no direction inconsistent with such written request has shall have been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Notes, pursuant to Section 8.6; it being understood and intended intended, and being expressly covenanted by the taker and holder of every Note with every other taker and holder and the Trustee, that no one or more holders of such Holders will Notes shall have any right in any manner whatever by virtue of, or by availing of, of any provision of this Indenture or any supplemental indenture to affect, disturb, disturb or prejudice the rights of the holders of any other of such HoldersNotes, or to obtain or to seek to obtain priority over or preference over to any other of such Holders holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal equal, ratable and ratable common benefit of all holders of Notes. For the protection and enforcement of the provisions of this Section 8.4, each and every noteholder and the Trustee shall be entitled to such Holdersrelief as can be given either at law or in equity.

Limitation on Suits by Holders of Notes. No Holder of any Notes will 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 Notes, (ba) the Holders of not less than 25% in principal amount of the Outstanding Notes have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as 107 Trustee hereunder, (ca) such Holder or Holders have furnished to the Trustee reasonable indemnity against the costs, expenses, and liabilities to be incurred in compliance with such request, (da) the Trustee for 60 calendar days after its receipt of such notice, request, and indemnity has failed to institute any such proceeding, and (ea) 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 Notes, it being understood and intended that no one or more of such Holders will 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 of such Holders.

Limitation on Suits by Holders of Notes. No Holder of any Notes will 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 Notes, (b) the Holders of not less than 25% in principal amount of the Outstanding Notes have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as 107 Trustee hereunder, (c) such Holder or Holders have furnished to the Trustee reasonable indemnity against the costs, expenses, and liabilities to be incurred in compliance with such request, (d) the Trustee for 60 calendar days after its receipt of such notice, request, and 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 Notes, it being understood and intended that no one or more of such Holders will 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 of such Holders.

Limitation on Suits by Holders of Notes. No Holder ---------------------------------------- holder of any Notes will Note shall have any right by virtue or by availing of any provision of this Indenture to institute any proceedingsuit, judicial action or otherwise, proceeding or to seek any remedy in equity or at law upon or under or with respect to this Indenture, Indenture or the Notes or for the appointment of a receiver or trustee, or for any other remedy hereunderremedy, unless (a) such Holder has holder previously shall have given written notice to the Trustee written notice of a continuing Event default and of Default with respect to the Notescontinuance thereof, (b) as hereinabove provided, and unless also the Holders holders of not less than 25% in of the aggregate principal amount of the Outstanding Notes then outstanding shall have made written request to upon the Trustee to institute proceedings in respect of such Event of Default action, suit or proceeding or to seek such remedy in its own name as 107 Trustee hereunder, (c) such Holder or Holders hereunder and shall have furnished offered to the Trustee such reasonable indemnity as it may require against the costs, expenses, expenses and liabilities to be incurred in compliance with such requesttherein or thereby, (d) and the Trustee Trustee, for 60 calendar sixty days after its receipt of such notice, requestrequest and offer of indemnity, and indemnity has failed shall have neglected or refused to institute any such proceedingaction, suit or proceeding and (e) no direction inconsistent with such written request has shall have been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Notes, it being understood and intended that no one or more of such Holders will 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 of such Holders.pursuant to

Limitation on Suits by Holders of Notes. No Holder holder of any Notes will Note shall have any right by virtue or by availing of any provision of this Indenture or any supplemental indenture to institute any proceedingsuit, judicial action or otherwise, proceeding in equity or at law upon or under or with respect to this Indenture, Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (a) such Holder has holder previously shall have given written notice to the Trustee written notice of a continuing Event default and of Default with respect to the Notescontinuance thereof, (b) as hereinabove provided, and unless also the Holders holders of not less than 25% in aggregate principal amount of the Outstanding Notes then outstanding shall have made written request to upon the Trustee to institute proceedings in respect of such Event of Default action, suit or proceeding in its own name as 107 Trustee hereunder, (c) such Holder or Holders hereunder and shall have furnished offered to the Trustee such reasonable indemnity as it may require against the costs, expenses, expenses and liabilities to be incurred in compliance with such requesttherein or thereby, (d) and the Trustee Trustee, for 60 calendar days after its receipt of such notice, requestrequest and offer of indemnity, and indemnity has failed shall have neglected or refused to institute any such proceedingaction, suit or proceeding and (e) no direction inconsistent with such written request has shall have been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Notes, pursuant to Section 8.6; it being understood and intended intended, and being expressly covenanted by the taker and holder of every Note with every other taker and holder and the Trustee, that no one or more of such Holders will 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 of such Holders.holders

Limitation on Suits by Holders of Notes. No Holder of any Notes will shall have any right by virtue of or under any provision of this Agreement to institute any proceedingsuit, judicial action or otherwise, with respect to proceeding in equity or at law upon or under this Indenture, Agreement or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (a) such the Holder has previously shall have given to the Company written notice to of default and of the Trustee of a continuing Event of Default with respect to the Notescontinuance thereof, (b) as herein provided, and unless the Holders of not less than 25% in principal amount of the Outstanding Notes have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as 107 Trustee hereunder, (c) such Holder or Holders have furnished to the Trustee reasonable indemnity against the costs, expenses, and liabilities to be incurred in compliance with such request, (d) the Trustee for 60 calendar days after its receipt of such notice, request, and 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 NotesNotes at the time outstanding shall have made written request upon the Holder Representative to institute the action, suit or proceeding in its own name as Holder Representative hereunder and shall have offered to the Holder Representative any reasonable indemnity it may require against the costs, expenses and liabilities to be incurred therein or thereby, and for sixty days after its receipt of the notice, request and offer of indemnity, the Holder Representative shall have neglected or refused to institute the action, suit or proceeding and no direction inconsistent with the written request shall have been given to the Holder Representative pursuant to Section 8.07; it being understood and intended intended, and being expressly covenanted by Holders and the Holder Representative, that no one or more of such Holders will shall have any right in any manner whatever by virtue of, of or by availing of, under any provision of this Indenture Agreement to affect, disturb, disturb or prejudice the rights of any other of such HoldersHolder, or to obtain or to seek to obtain priority over or preference over to any other of such Holders Holder or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal equal, ratable and ratable common benefit of all of such Holders.