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

Limitation on Suits by Holders of Securities. No Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing Event default and of Defaultthe continuance thereof, as hereinbefore provided, and unless also the Holders holders of not less than 25% in principal amount of all the Securities of such series then Outstanding at the time outstanding (considered as one class) shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security with every other taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder holder of any Security to receive payment of the principal of and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, redemption on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates dates, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series or of any Coupon appertaining thereto shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security or Coupon with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series or Coupons appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities or Coupons appertaining to such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable seriesseries and Coupons appertaining to such Securities. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security or Coupon to receive payment of the principal of and interest on such Security or Coupon on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing an Event of DefaultDefault and of the continuance thereof, as hereinbefore provided, and unless also the Holders holders of not less than 25% a majority in principal amount of all the Securities of such series then Outstanding at the time outstanding (considered as one class) shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.066.6; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security with every other taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder holder of any Security to receive payment of the principal of and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, redemption on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates dates, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series shall will have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, 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 previously shall have given written notice to the Trustee written notice of a continuing Event of DefaultDefault with respect to the Securities of that series, as hereinbefore provided, and unless also (b) the Holders of not less than 25% in principal amount of the Outstanding Securities of such that series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder, (c) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses expenses, and liabilities to be incurred therein or thereby in compliance with such request, (including d) the reasonable fees of counsel for the Trustee), and the Trustee, Trustee for 60 calendar days after its receipt of such notice, request request, and offer of indemnity, shall have neglected or refused indemnity has failed to institute any such actionproceeding, suit or proceeding and (e) no direction inconsistent with such written request shall have has been given to the Trustee during such 60-day period by the holders Holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; Outstanding Securities of that series, it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, intended that no one or more of such Holders of Securities of any series appertaining to such Securities shall will have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of the Holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other of such Holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such HolderHolders.

Limitation on Suits by Holders of Securities. No Holder holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing an Event of Default and of the continuance thereof with respect to Securities of such series specifying such Event of Default, as hereinbefore provided, and unless also the Holders holders of not less than 2533% in aggregate principal amount of the Securities of such series then Outstanding outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder and shall have offered to the Trustee such reasonable indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06proceeding; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security of such series with every other such taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any such series appertaining to such Securities shall have any right in any manner whatever whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable such series. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in of this Indenture, however, the right of any Holder holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security Security, as therein provided, on or after the respective due dates expressed in such Security (or, or in the case of redemption, on or after the date fixed for redemptionredemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series Series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series Series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, redemption on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing an Event of Default and of the continuance thereof with respect to Securities of such series specifying such Event of Default, as hereinbefore provided, and unless also the Holders holders of not less than 2533% in aggregate principal amount of the Securities of such series then Outstanding outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06proceeding; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security of such series with every other such taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any such series appertaining to such Securities shall have any right in any manner whatever whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable such series. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in of this Indenture, however, the right of any Holder holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security Security, as therein provided, on or after the respective due dates expressed in such Security (or, or in the case of redemption, on or after the date fixed for redemptionredemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series shall will have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, 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 Xxxxxx has previously shall have given written notice to the Trustee written notice of a continuing Event of DefaultDefault with respect to the Securities of that series, as hereinbefore provided, and unless also (b) the Holders of not less than 25% in principal amount of the Outstanding Securities of such that series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder, (c) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may require satisfactory to the Trustee against the costs, expenses expenses, and liabilities to be incurred therein or thereby in compliance with such request, (including d) the reasonable fees of counsel for the Trustee), and the Trustee, Trustee for 60 calendar days after its receipt of such notice, request request, and offer of indemnity, shall have neglected or refused indemnity has failed to institute any such actionproceeding, suit or proceeding and (e) no direction inconsistent with such written request shall have has been given to the Trustee during such 60-day period by the holders Holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; Outstanding Securities of that series, it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, intended that no one or more of such Holders of Securities of any series appertaining to such Securities shall will have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of the Holders of any other of such SecuritiesHolders (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders), or to obtain or to seek to obtain priority over or preference to over any other of such Holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such HolderHolders.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series shall will have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, 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 previously shall have given written notice to the Trustee written notice of a continuing Event of DefaultDefault with respect to the Securities of that series, as hereinbefore provided, and unless also (b) the Holders of not less than 25% in principal amount of the Outstanding Securities of such that series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder, (c) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses expenses, and liabilities to be incurred therein or thereby in compliance with such request, (including d) the reasonable fees of counsel for the Trustee), and the Trustee, Trustee for 60 calendar days after its receipt of such notice, request request, and offer of indemnity, shall have neglected or refused indemnity has failed to institute any such actionproceeding, suit or proceeding and (e) no direction inconsistent with such written request shall have has been given to the Trustee during such 60-day period by the holders Holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; Outstanding Securities of that series, it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, intended that no one or more of such Holders of Securities of any series appertaining to such Securities shall will have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of the Holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other of such Holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such HolderHolders.

Limitation on Suits by Holders of Securities. No Holder holder of any -------------------------------------------- Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing Event default and of Defaultthe continuance thereof, as hereinbefore herein before provided, and unless also the Holders holders of not less than 25% in principal amount of all the Securities of such series then Outstanding at the time outstanding (considered as one class) shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section SECTION 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security with every other taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder holder of any Security to receive payment of the principal of and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, redemption on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates dates, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series shall will have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless unless: (a) such Holder Xxxxxx has previously shall have given written notice to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also Default with respect to the Securities of that series; (b) the Holders of not less than 25% in principal amount of the Outstanding Securities of such that series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder; (c) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may require or security, in either case reasonably satisfactory to the Trustee, against the any losses, costs, expenses expenses, and liabilities to be incurred therein or thereby in compliance with such request; (including d) the reasonable fees of counsel for the Trustee), and the Trustee, Trustee for 60 calendar days after its receipt of such notice, request request, and offer of indemnity, shall have neglected or refused indemnity has failed to institute any such action, suit or proceeding and proceeding; and (e) no direction inconsistent with such written request shall have has been given to the Trustee during such 60-day period by the holders Holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; Outstanding Securities of that series, it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, intended that no one or more of such Holders of Securities of any series appertaining to such Securities shall will have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of the Holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other of such Holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such HolderHolders.

Limitation on Suits by Holders of Securities. No Holder holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing an Event of DefaultDefault and of the continuance thereof, as hereinbefore provided, and unless also the Holders holders of not less than 25% a majority in principal amount of all the Securities of such series then Outstanding at the time outstanding (considered as one class) shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable security or indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused declined to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.066.6; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security with every other taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder holder of any Security to receive payment of the principal of and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, redemption on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates dates, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series Series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series Series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.066.6; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable series. Securities.For the protection and enforcement of the provisions of this Section 6.066.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder holder of any a Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law or in bankruptcy or otherwise, upon or under or with respect to this Indenture or for the appointment of a receiver receiver, liquidating custodian, trustee or trusteesimilar official, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing Event default and of Defaultthe continuance thereof, as hereinbefore hereinabove provided, and unless also the Holders holders of not less than 25% in aggregate principal amount of the Securities of such series of Securities then Outstanding outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.065.06; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security of a series with every other taker and Holder Securityholder and the Trustee, that no one or more Holders holders of Securities such series of any series appertaining to such Securities shall have any right in any manner whatever whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other series of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.065.04, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption)Security, or to institute suit for the enforcement of any such payment on or after such respective dates dates, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder of any Security of any series Series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series Series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the U.S. Trustee written notice of a continuing an Event of DefaultDefault and of the continuance thereof, as hereinbefore provided, and unless also the Holders holders of not less more than 25% in principal amount of all the Securities of such series then Outstanding at the time outstanding (considered as one class) shall have made written request upon the U.S. Trustee to institute such action, suit or proceeding in its own name as U.S. Trustee hereunder and shall have offered to the U.S. Trustee such reasonable security and/or indemnity satisfactory to it as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the U.S. Trustee, for 60 days after its receipt of such notice, request and offer of indemnityindemnity and/or security, shall have neglected or refused declined to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the U.S. Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.066.6; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security with every other taker and Holder holder and the U.S. Trustee, that no one or more Holders holders of Securities of any series appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the U.S. Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder holder of any Security to receive payment of the principal of and interest on such Security Security, on or after the respective due dates expressed in such Security (or, in the case of redemption, redemption on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates dates, shall not be impaired or affected without the consent of such Holderholder.

Limitation on Suits by Holders of Securities. No Holder holder of any a Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law or in bankruptcy or otherwise, upon or under or with respect to this Indenture or for the appointment of a receiver receiver, liquidating custodian, trustee or trusteesimilar official, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing Event default and of Defaultthe continuance thereof, as hereinbefore hereinabove provided, and unless also the Holders holders of not less than 25% in aggregate principal amount of the Securities of such series of Securities then Outstanding outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.065.06; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security of a series with every other taker and Holder Securityholder and the Trustee, that no one or more Holders holders of Securities such series of any series appertaining to such Securities shall have any right in any manner whatever whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other series of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable seriesSecurities. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.Section

Limitation on Suits by Holders of Securities. No Holder of -------------------------------------------- any Security of any series or of any Coupon appertaining thereto shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of a continuing Event of Default, as hereinbefore provided, and unless also the Holders of not less than 25% in principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee), and the Trustee, for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06; it being understood and intended, and being expressly covenanted by the taker and Holder of every Security or Coupon with every other taker and Holder and the Trustee, that no one or more Holders of Securities of any series or Coupons appertaining to such Securities shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders of any other of such Securities or Coupons appertaining to such Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable seriesseries and Coupons appertaining to such Securities. For the protection and enforcement of the provisions of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, the right of any Holder of any Security or Coupon to receive payment of the principal of and interest on such Security or Coupon on or after the respective due dates expressed in such Security (or, in the case of redemption, on or after the date fixed for redemption), or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Limitation on Suits by Holders of Securities. No Holder holder -------------------------------------------- of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of a continuing an Event of Default and of the continuance thereof with respect to Securities of such series specifying such Event of Default, as hereinbefore provided, and unless also the Holders holders of not less than 2533% in aggregate principal amount of the Securities of such series then Outstanding outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby (including the reasonable fees of counsel for the Trustee)thereby, and the Trustee, Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee by the holders of a majority in principal amount of the outstanding debt securities pursuant to this Section 6.06proceeding; it being understood and intended, and being expressly covenanted by the taker and Holder holder of every Security of such series with every other such taker and Holder holder and the Trustee, that no one or more Holders holders of Securities of any such series appertaining to such Securities shall have any right in any manner whatever whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the Holders holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such Holderholder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Securities of the applicable such series. For the protection and enforcement of the provisions of this Section 6.06Section, each and every Holder Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in of this Indenture, however, the right of any Holder holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security Security, as therein provided, on or after the respective due dates expressed in such Security (or, or in the case of redemption, on or after the date fixed for redemptionredemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such Holderholder.