Common use of Limitation on Suits by Individual Noteholders Clause in Contracts

Limitation on Suits by Individual Noteholders. Subject to Section 11.8, no Noteholder shall have any right to institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors shall have made written requests 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 reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders 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 Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to Section 11.811.9, no Noteholder shall have any right to institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunderhereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors Holders shall have made written requests 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 reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders 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 Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to Section 11.89.9, no Noteholder shall have any right to institute any Proceeding with respect to this IndentureAgreement or the Series Supplement under which its Notes were issued, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors Holders of such Series shall have made written requests to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderhereunder and under the Series Supplement; (c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Agreement or the Series Supplement to affect, disturb or prejudice the rights of any other Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this IndentureAgreement or the Series Supplement, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to Section 11.811.9, no Noteholder shall have any right to institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunder, unless: (a) an Insurer Default shall have occurred and be continuing; (b) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (bc) the Majority Facility Investors Holders shall have made written requests request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (cd) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (de) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders 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 Noteholders or the Insurer or to obtain or to seek to obtain priority or preference over any other Holders or the Insurer or to enforce any right under this Indenture, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to Section 11.811.9, no Noteholder shall have any right to institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunderhereunder, unless: (a) an Insurer Default shall have occurred and be continuing; (b) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (bc) the Majority Facility Investors Holders shall have made written requests request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (cd) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (de) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders 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 Noteholders or the Insurer or to obtain or to seek to obtain priority or preference over any other Holders or the Insurer or to enforce any right under this Indenture, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to Section 11.811.9, no Noteholder shall have any right to institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors Holders shall have made written requests 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 reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders 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 Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to --------------------------------------------- Section 11.812.9, no Noteholder shall have any right to institute any Proceeding with respect to this IndentureAgreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors Holders shall have made written requests 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 reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such requestrequest (which in the case of an Institutional Investor shall be satisfied by a written agreement to pay such costs, expenses and liabilities); and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Agreement to affect, disturb or prejudice the rights of any other Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this IndentureAgreement, except in the manner herein providedprovided and for the equal and ratable benefit of all the Noteholders.

Limitation on Suits by Individual Noteholders. Subject to Section 11.811.9, no Noteholder shall have any right to institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunderhereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors Consent Parties shall have made written requests 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 reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders 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 Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided.

Limitation on Suits by Individual Noteholders. Subject to Section 11.811.9, no Noteholder shall have any right to institute any Proceeding with respect to this IndentureAgreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder or thereunder, unless: (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default; (b) the Majority Facility Investors Holders shall have made written requests 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 reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such Proceeding, it being understood and intended that no one or more Noteholders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Agreement to affect, disturb or prejudice the rights of any other Noteholders or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this IndentureAgreement, except in the manner herein provided.