Common use of Limitation on Suits Clause in Contracts

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture or any Security to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture Indenture, any Security or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity reasonably satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 IndentureIndenture (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), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 unless (i1) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; ; (ii2) the holders Holders of not less than 25% in aggregate 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 trustee hereunder; ; (iii3) such holder Holder or holders Holders 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; and (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and and (v5) during such 90 60 day period, the holders Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder Holder and by accepting a Security hereunder it is expressly understood, intended and 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 such series shall have any right in any manner 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. (a) No holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesDebentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.03) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , and (iv) the Trustee Trustee, for 90 60 calendar days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on, the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series Bond 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 unless (i1) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; ; (ii2) the holders of not less than 25% a majority in aggregate principal amount of the Securities of such series Bonds then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; ; (iii3) such holder or holders 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; ; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and and (v5) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security Bond to receive payment of the principal of (and premium, if any) and interest on such SecurityBond, as therein provided, on or after the respective due dates expressed in such Security Bond (or in the case of redemption, on the redemption 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 holder and by accepting a Security Bond hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Bond with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 SecuritiesBonds, 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 such seriesBonds. For the protection and enforcement of the provisions of this Section, each and every Securityholder Bondholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series Certificateholder shall 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 Agreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless unless: (i) there is a continuing Event of Master Servicer Default and such holder Certificateholder has previously shall have given written notice to the Trustee written notice of an a continuing Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Master Servicer Default, as hereinbefore provided; ; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding Required Certificateholders shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Master Servicer Default in its own name as Trustee hereunder; ; (iii) such holder or holders shall Certificateholders have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (iv) the Trustee Trustee, for 90 30 days after its receipt of such notice, request and offer of indemnity, shall have has failed to institute any such action, suit or proceeding and proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein such written request has been given to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on Trustee during such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted 30-day period by the taker Required Certificateholders; it being understood and holder of every Security of such series with every other such taker and holder and the Trustee, intended that no one or more holders of Securities of such series Certificateholders shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Indenture Agreement to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesCertificateholders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Certificateholders or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all holders the Certificateholders as provided herein. Notwithstanding anything to the contrary herein, no Certificateholder, solely by virtue of Securities its status as a Certificateholder, shall have any right by virtue of such series. For the protection and enforcement or by availing itself of the provisions any provision of this SectionAgreement to institute any suit, each and every Securityholder and action or proceeding in equity or at law against FHA or HUD upon or under or with respect to any policy of FHA Insurance applicable to a Mortgage Loan or any purported rights thereunder. All such direct rights against FHA or HUD shall be held by the Trustee as the designated mortgagee of record with respect to the FHA Mortgage Loans and shall be entitled include, without limitation, the right to enforce such relief as can be given either at law policy of FHA Insurance against FHA or in equityHUD and require the payment by FHA or HUD of any amount due thereunder.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 unless (i1) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; ; (ii2) the holders of not less than 25% in aggregate 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 trustee hereunder; ; (iii3) such holder or holders 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; and (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and and (v5) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of security or indemnity, shall have failed to institute any such action, suit or proceeding proceeding, and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesDebentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders there shall have been offered to the Trustee such reasonable pre-funding, security and/or indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , and (iv) the Trustee Trustee, for 90 60 calendar days after its receipt of such noticenotification, request and offer of pre-funding, security and/or indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, have not received from the holders Holders of a majority in aggregate principal amount of the Securities of that such series do not give the Trustee then Outstanding a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of pre-funding, security and/or indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on, the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as and security reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such written notice, request and offer of indemnityindemnity and security reasonably satisfactory to it, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such seriesseries (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). For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No 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 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.3) and interest on such SecuritySecurity (whether upon redemption, repurchase, maturity or otherwise) or payment or delivery of any amounts due upon conversion of Securities of any series that are convertible into shares of common stock or other securities, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemptionredemption or repurchase, on the redemption date or repurchase date, respectively), or to institute suit for the enforcement of any such payment or delivery on or after such respective dates (including the redemption date or redemption repurchase date, as applicable) shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder hereunder, it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.4, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% or more in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Holder of any Security of any series shall Subordinated Note 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 or any Subordinated Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunderunder this Indenture, unless unless: (i1) such holder Holder has previously shall have given written notice to the Trustee written notice of an a continuing Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; Subordinated Notes; (ii2) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall Subordinated Notes will 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; under the Indenture; (iii3) such holder Holder or holders shall Holders have offered to the Trustee such reasonable security and indemnity as it may require reasonably satisfactory to the Trustee to bond against the costs, expenses expenses, and liabilities to be incurred therein or thereby; in compliance with such request; (iv4) the Trustee for 90 60 days after its receipt of such notice, request request, and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and proceeding; and (v5) no direction inconsistent with such written request has been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in aggregate principal amount of the Securities Outstanding Subordinated Notes; (6) such notification, request, and offer of that series do not give indemnity are hereby declared in every case at the option of the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to be conditions precedent to the contrary or any other provisions execution of the powers and trusts of this Indenture, the right and to any action or cause of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit action for the enforcement of this Indenture, or for the appointment of a receiver or for any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder other remedy hereunder; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall Holders will have any right in any manner whatsoever 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 in this Indenture and for the equal, equal and ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityHolders.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, Trustee that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesthe Debentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesDebentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 ninety (90) days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 ninety (90) day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 unless: (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as provided in Section 15.13 hereof, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesDebentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series Bond 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 unless (i1) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; ; (ii2) the holders of not less than 25% a majority in aggregate principal amount of the Securities of such series Bonds then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; ; (iii3) such holder or holders 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; ; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and proceeding; and (v5) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security Bond to receive payment of the principal of (and premium, if any) and interest interest, on such SecurityBond, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date)Bond, or to institute suit for the enforcement of any such payment on or after such respective dates or redemption datedates, shall not be impaired or affected without the consent of such holder and by accepting a Security Bond hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Bond with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 SecuritiesBonds, 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 such seriesBonds. For the protection and enforcement of the provisions of this Section, each and every Securityholder Bondholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate 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 trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do shall not give have given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity reasonably satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 IndentureIndenture (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), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series Holder shall have any right by virtue of 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 (i) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series Junior Subordinated Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder Holder or holders Holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders Holders of a majority in principal amount of the Securities of that series Junior Subordinated Debentures do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureIndenture to the contrary, the right of any holder of any Security Holder to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, the Junior Subordinated Debentures on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder Holder; and by accepting a Security Junior Subordinated Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Holder thereof with every other such taker and holder Holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or seek to obtain priority over or preference to any such other such holderHolders, 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 such seriesJunior Subordinated Debentures. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series Holder shall have any right by virtue of 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 (ia) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series Junior Subordinated Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder Holder or holders Holders 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; and (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders Holders of a majority in principal amount of the Securities of that series Junior Subordinated Debentures do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureIndenture to the contrary, the right of any holder of any Security Holder to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, the Junior Subordinated Debentures on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder Holder; and by accepting a Security Junior Subordinated Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Holder thereof with every other such taker and holder Holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or seek to obtain priority over or preference to any such other such holderHolders, 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 such seriesJunior Subordinated Debentures. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than twenty-five (25% %) in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 sixty (60) days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding and (v) during such 90 sixty (60) day period, the holders of at least a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, Trustee that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesthe Debentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as and security reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such written notice, request and offer of indemnityindemnity and security reasonably satisfactory to it, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such seriesseries (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). For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as provided in Sections 6.07 and 6.13 hereof, no Holder of Debentures and no holder of Trust Preferred Securities of a Trust which is the Holder of all the Debentures of such series may pursue 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 remedy with respect to this Junior Indenture or for the appointment Debentures of a receiver such series unless: (1) the Holders of Debentures or trustee, or for any other remedy hereunder, unless (i) the holders of such holder previously shall have given Trust Preferred Securities give to the Trustee written notice of stating that an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; corresponding Debentures is continuing; (ii2) the holders Holders of not less than at least 25% in aggregate principal amount of the Securities Debentures of that series or the holders of at least 25% in aggregate liquidation preference of such series then Outstanding shall have made Trust Preferred Securities make a written request upon to the Trustee to institute pursue a remedy; (3) the Holders of Debentures or the holders of such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered Trust Preferred Securities provide to the Trustee such reasonable security and indemnity as it may require against any loss, liability or expense satisfactory to the costs, expenses and liabilities to be incurred therein or thereby; Trustee; (iv4) the Trustee for 90 does not comply with the request within 60 days after its receipt of such the notice, the request and the offer of security and indemnity, shall have failed to institute any such action, suit or proceeding and ; and (v5) during such 90 60-day period, the holders Holders of at least a majority in aggregate principal amount of the Securities Debentures of that series or the holders of at least a majority in aggregate liquidation preference of such Trust Preferred Securities do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein In addition, no holder of Trust Preferred Securities of the Trust which is the Holder of that series of Debentures may pursue any remedy with respect to this Junior Indenture or the contrary or any other provisions of this IndentureDebentures unless the above conditions have been complied with and the Property Trustee for such Trust has also failed to act for 60 days. In such a case, the right Holders of any at least 25% in aggregate liquidation preference of such outstanding Trust Preferred Securities may institute proceedings to pursue a remedy provided for herein. (b) A Holder of Debentures or a holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall Trust Preferred Securities may not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of use this Junior Indenture to affect, disturb or prejudice the rights of the holders another Debentureholder or a holder of any other of such Securities, Trust Preferred Securities or to obtain a preference or seek to obtain priority over another Debentureholder 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 holder of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityTrust Preferred Securities.

Limitation on Suits. No holder If an Event of Default occurs and is continuing with respect to any series of Securities, the Trustee, in conformity with its duties under this Indenture, shall exercise all rights or powers under this Indenture at the request or direction of any Security of the Holders of such Securities, provided, that such Holders provide the Trustee with an indemnity or security reasonably satisfactory to the Trustee against any series shall have loss, liability or expense. Except to enforce the right to receive payment of principal, premium, if any, or interest when due, no Holder of Securities of such Series may pursue 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 remedy with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, such Securities unless (i) such holder Holder previously shall have given to notified the Trustee written notice of that an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedis continuing; (ii) the holders Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of such series then Outstanding shall have made written request upon requested the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunderpursue the remedy; (iii) the requesting Holders of Securities of such holder Series offered the Trustee security or holders shall have offered indemnity reasonably satisfactory to the Trustee such reasonable indemnity as it may require against the costsany loss, expenses and liabilities to be incurred therein liability or therebyexpense; (iv) the Trustee for 90 has not complied with such Holder’s request within 60 days after its the receipt of such notice, the request and the offer of security or indemnity, shall have failed to institute any such action, suit or proceeding ; and (v) during such 90 day period, the holders Holders of a majority in principal amount of the Outstanding Securities of that such series do have not give given the Trustee a direction inconsistent with the requestrequest within the 60-day period. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by Holder. By accepting a Security hereunder it is expressly understood, intended and 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 such series shall have any right in any manner 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No 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 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; , (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; , (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.3) and interest on such SecuritySecurity (whether upon redemption, repurchase, maturity or otherwise) or payment or delivery of any amounts due upon conversion of Securities of any series that are convertible into shares of common stock or other securities, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemptionredemption or repurchase, on the redemption date or repurchase date, respectively), or to institute suit for the enforcement of any such payment or delivery on or after such respective dates (including the redemption date or redemption repurchase date, as applicable) shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder hereunder, it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.4, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as provided in Sections 6.07 and 6.13 hereof, no Holder of Debentures and no holder of Trust Preferred Securities of a Trust which is the Holder of all the Debentures of such series may pursue 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 remedy with respect to this Junior Indenture or for the appointment Debentures of a receiver such series unless: (1) the Holders of Debentures or trustee, or for any other remedy hereunder, unless (i) the holders of such holder previously shall have given Trust Preferred Securities give to the Trustee written notice of stating that an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; corresponding Debentures is continuing; (ii2) the holders Holders of not less than at least 25% in aggregate principal amount of the Securities Debentures of that series or the holders of at least 25% in aggregate liquidation preference of such series then Outstanding shall have made Trust Preferred Securities make a written request upon to the Trustee to institute pursue a remedy; (3) the Holders of Debentures or the holders of such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered Trust Preferred Securities provide to the Trustee such reasonable security and indemnity as it may require against any loss, liability or expense satisfactory to the costs, expenses and liabilities to be incurred therein or thereby; Trustee; (iv4) the Trustee for 90 does not comply with the request within 60 days after its receipt of such the notice, the request and the offer of security and indemnity, shall have failed to institute any such action, suit or proceeding and ; and (v5) during such 90 60 day period, the holders Holders of at least a majority in aggregate principal amount of the Securities Debentures of that series or the holders of at least a majority in aggregate liquidation preference of such Trust Preferred Securities do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein In addition, no holder of Trust Preferred Securities of the Trust which is the Holder of that series of Debentures may pursue any remedy with respect to this Junior Indenture or the contrary or any other provisions of this IndentureDebentures unless the above conditions have been complied with and the Property Trustee for such Trust has also failed to act for 60 days. In such a case, the right Holders of any at least 25% in aggregate liquidation preference of the such outstanding Trust Preferred Securities may institute proceedings to pursue a remedy provided for herein. (b) A Holder of Debentures or a holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall Trust Preferred Securities may not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of use this Junior Indenture to affect, disturb or prejudice the rights of the holders another Debentureholder or a holder of any other of such Securities, Trust Preferred Securities or to obtain a preference or seek to obtain priority over another Debentureholder 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 holder of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityTrust Preferred Securities.

Limitation on Suits. No holder Holder of any Senior Debt Security of any series shall 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 Senior Debt Securities Indenture or Senior Debt Securities of any series, or for the appointment of a an administrator, receiver or trustee, or for any other remedy hereunderhereunder or thereunder, unless unless: (ia) such holder Holder has previously shall have given written notice to the Trustee written notice of an a continuing Event of Default and of the continuance thereof or Default with respect to the Senior Debt Securities of such the same series specifying such Event of Default or Default and stating that such notice is a “Notice of Default, as hereinbefore provided; ” hereunder; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Outstanding Senior Debt Securities of such series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit Event of Default or proceeding Default in its own name name, as Trustee hereunder; ; (iiic) such holder or holders shall Holders have offered to the Trustee such reasonable indemnity as or security satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have indemnity or security has failed to institute any such action, suit or proceeding and proceeding; and (ve) no direction inconsistent with such written request has been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in principal amount of the Outstanding Senior Debt Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (such series; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Senior Debt Securities of such a particular series shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Senior Debt Securities Indenture or the Senior Debt Securities of such series to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders or holders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or holders or to enforce any right under this IndentureSenior Debt Securities Indenture or the Senior Debt Securities of such series, except in the manner herein provided and for the equal, equal and ratable and common benefit of all holders Holders of Senior Debt Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 2530% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding, and (v) during such 90 60-day period, period the holders of a majority in principal amount of the Outstanding Securities of that such series do shall not give have given the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture or any Security to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture Indenture, or any Security or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein Subject to the contrary or limitation expressed in the preceding paragraph, but notwithstanding any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate 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 trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder holder, and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series then Outstanding do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% a majority in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than twenty-five (25% %) in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 sixty (60) days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding and (v) during such 90 sixty (60) day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, Trustee that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesthe Debentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 or in bankruptcy or otherwise upon or under or with respect to this Indenture or for the appointment of a receiver or receiver, trustee, liquidator, custodian or other similar official or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No 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 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; , (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; , (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.3) and interest on such SecuritySecurity (whether upon redemption, repurchase, maturity or otherwise), as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemptionredemption or repurchase, on the redemption date or repurchase date, respectively), or to institute suit for the enforcement of any such payment or delivery on or after such respective dates (including the redemption date or redemption repurchase date, as applicable) shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder hereunder, it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this SectionSection 6.4, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder Holder of any Security of any series Debt shall have any right by virtue or by availing of any provision of this Indenture to institute any suitProceedings (the right of a Debtholder to institute any proceeding with respect to the Indenture and Credit Agreement or the Debt is subject to any non-petition covenants set forth in the Indenture and Credit Agreement or the Debt), action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture and Credit Agreement or the Debt, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless unless: (ia) such holder Holder has previously shall have given to the Trustee Collateral Agent written notice of an Event of Default and Default; (b) except as otherwise provided in Section 5.9 hereof, the Holders of at least 25% of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount then Aggregate Outstanding Amount of the Securities of such series then Outstanding Controlling Class shall have made written request upon to the Trustee Collateral Agent to institute Proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder; (iii) Collateral Agent hereunder and such holder or holders shall Holders have offered to the Trustee such reasonable Collateral Agent indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (ivc) the Trustee Collateral Agent for 90 thirty (30) days after its receipt of such notice, request and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and Proceeding; and (vd) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein such written request has been given to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment Collateral Agent during such thirty (30) day period by a Majority of the principal of (Controlling Class; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Securities of such series Debt shall have any right in any manner whatsoever by virtue of, or by availing of of, any provision of this Indenture and Credit Agreement or the Debt to affect, disturb or prejudice the rights of the holders of any other Holders of such Securities, the Debt of the same Class or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders of the Debt of the same Class or to enforce any right under this IndentureIndenture and Credit Agreement or the Debt, except in the manner herein or therein provided and for the equal, equal and ratable and common benefit of all holders the Holders of Securities of such series. For the protection and enforcement Debt of the provisions same Class subject to and in accordance with Section 13.1 hereof and the Priority of this SectionPayments. In the event the Collateral Agent shall receive conflicting or inconsistent requests and indemnity from two or more groups of Holders of the Controlling Class, each and every Securityholder and representing less than a Majority of the Trustee Controlling Class, the Collateral Agent shall not be entitled required to such relief as can be given either at law or in equitytake any action until it shall have received the direction of a Majority of the Controlling Class.

Limitation on Suits. No holder of any Security of any series Bond 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 unless (i1) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; ; (ii2) the holders of not less than 25% a majority in aggregate principal amount of the Securities of such series Bonds then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; ; (iii3) such holder or holders 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; ; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and proceeding; and (v5) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security Bond to receive payment of the principal of (and premium, if any) and interest interest, on such SecurityBond, as therein provided, on or after the respective due dates expressed in such Security Bond (or in the case of redemption, on the redemption 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 holder and by accepting a Security Bond hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Bond with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 SecuritiesBonds, 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 such seriesBonds. For the protection and enforcement of the provisions of this Section, each and every Securityholder Bondholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder To the fullest extent permitted by applicable law, no Holder of any Security Note of any series shall Series, Class or Tranche 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: (ia) such holder Holder has previously given written notice to the Indenture Trustee, who shall have given forwarded such notice to the Trustee written notice Collateral Agent of an a continuing Event of Default and of the continuance thereof with respect to the Securities Notes of such series specifying such Event of DefaultSeries, as hereinbefore provided; Class or Tranche; (iib) the holders Holders of not less more than 25% in aggregate principal amount Outstanding Dollar Principal Amount of the Securities Outstanding Notes of such series then Outstanding shall Series, Class or Tranche have made written request upon to the Trustee Indenture Trustee, who shall have forwarded such request to the Collateral Agent, to institute proceedings in respect of such action, suit or proceeding Event of Default in its own the name as of the Collateral Agent under the related Asset Pool Supplement and on behalf of the Indenture Trustee hereunder; ; (iiic) such holder Holder or holders shall Holders have offered to the Indenture Trustee such reasonable for itself and for the benefit of the Collateral Agent, indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (ivd) both the Indenture Trustee and the Collateral Agent, on behalf of the Indenture Trustee, for 90 60 days after its receipt of the Indenture Trustee has received such notice, request and offer of indemnity, shall indemnity have failed to institute any such action, suit or proceeding and proceeding; and (ve) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein such written request has been given to the contrary or any other provisions of this IndentureIndenture Trustee, the right of any holder of any Security to receive payment on behalf of the principal of (and premiumCollateral Agent, if any) and interest on during such Security, as therein provided, on or after 60 day period by the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 Majority Holders of such holder Series, Class or Tranche; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Securities Notes of such series shall Series, Class or Tranche will have any right in any manner whatsoever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other Holders of Notes of such SecuritiesSeries, Class or Tranche, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable equal and common proportionate benefit of all holders the Holders of Securities all Notes of such series. For the protection and enforcement of the provisions of this SectionSeries, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law Class or in equityTranche.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder previously shall have given to the Trustee written notice of an Event the happening of one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of by any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more of the holders of Securities of such series shall have any right in any manner whatsoever by virtue his 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as reasonably satisfactory to it may require against the costs, losses, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such seriesseries (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). For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% at least a majority in aggregate 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; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series (or at a meeting of holders of such series at which a quorum is present, the holders of a majority in principal amount of the Securities of such series represented at such meeting) do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No (a) Except as provided in Section 15.13 hereof, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, Trustee that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesthe Debentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder (a) Prior to the declaration of acceleration provided for in Section 502 hereof, no Holder of any Security of any series Bond shall 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 hereunder unless (i1) such holder Holder has previously shall have given written notice to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such a continuing Event of Default, as hereinbefore provided; ; (ii2) the holders Holders of not less than 25% a majority in aggregate principal amount of the Securities of such series then Outstanding Bonds 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; ; (iii3) such holder Holder or holders shall Holders have offered to the Trustee such reasonable indemnity as it may require indemnity, consistent with typical arrangements with other similar indenture trustees, against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (iv4) the Trustee for 90 thirty (30) days after its receipt of such notice, request and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and proceedings; and (v5) no direction inconsistent with such written request has been given to the Trustee during such 90 thirty (30) day period, period by the holders Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (Outstanding Bonds; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Securities of such series Bonds shall have any right in any manner whatsoever whatever by virtue or, or by availing of of, any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other Holders of such SecuritiesBonds, or to obtain or to seek to obtain priority over or preference to over any other 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 the Holders of Securities Bonds. (b) After the declaration of acceleration provided for in Section 502 hereof, Holders of a majority or more in principal amount of Outstanding Bonds may institute judicial proceedings in respect to such series. For Event of Default which triggers the protection and enforcement declaration of acceleration in their own name in the manner provided in Section 503 if the Trustee has not instituted such proceedings within sixty (60) days after such declaration, it being understood that such Holders shall not have any right in the matter whatever by virtue of, or by availing of, any provisions of this SectionIndenture to affect, each disturb or prejudice the rights of any Holders of Bonds, or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any rights under this Indenture, except in the manner herein provided and every Securityholder for the equal and the Trustee shall be entitled to such relief as can be given either at law or in equityratable benefit of all Holders of Bonds.

Limitation on Suits. No holder of any Security the Securities 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default with respect to such series of Securities and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate 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 trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity and/or security as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnityindemnity and/or security, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Outstanding Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 SecuritiesSecurities (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 Securityholders), 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 the Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (ia) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iiic) such holder Holder or holders Holders 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; , (ivd) the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (ve) no direction inconsistent with such written request shall have been given to the Trustee during such 90 60 day period, period by the holders Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein then Outstanding; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. 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 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 (i1) such holder Holder has previously shall have given written notice to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such a continuing Event of Default, as hereinbefore provided; ; (ii2) the holders Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of such 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; ; (iii3) such holder Holder or holders shall Holders have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and proceeding; and (v5) no direction inconsistent with such written request has been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (Outstanding Securities; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Indenture to affect, 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 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 the Holders. Notwithstanding anything contained herein to the contrary, at any time when the Company is prohibited from making any payment of principal of or interest on the Securities of such series. For as described in Article 13, neither the protection and enforcement Trustee nor the Holders may (A) accelerate the maturity of the provisions principal of or accrued interest on the Securities (unless, with respect to this Sectionclause (A) only, each the payment of the aggregate indebtedness under the Credit Agreement or the Exit Facility shall have been accelerated), (B) commence any action or proceeding (including the right to set off) to collect payment of the principal of or accrued interest on the Securities, or (C) commence an involuntary case or proceeding in bankruptcy against the Company or seek the appointment of a receiver, custodian or trustee with respect to the assets of the Company; provided that the restrictions set forth in the foregoing clauses (A), (B), and every Securityholder and (C) shall not apply upon the commencing of any bankruptcy, dissolution, winding up, liquidation or reorganization of the Company by any Persons other than the Trustee shall be entitled to such relief as can be given either at law or in equitythe Holders.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunderunder this Indenture or any Security, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder has previously shall have given to the Trustee written notice of that an Event of Default and is continuing, (ii) Holders of at least 25% in principal amount of the continuance thereof with respect to the Outstanding Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actionpursue the remedy, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall Holders have offered to the Trustee such reasonable security or indemnity as satisfactory to it may require against the costsany loss, expenses and liabilities to be incurred therein cost, liability or thereby; expense, (iv) the Trustee for 90 has not complied with such request within 60 days after its the receipt of such notice, the request and the offer of indemnity, shall have failed to institute any such action, suit security or proceeding indemnity and (v) during such 90 day period, the holders Holders of a majority in principal amount of the Outstanding Securities of that such series do have not give given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (such request within such 60-day period; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Except if required in the provisions of Section 13.06, to the fullest extent permitted by applicable law, no Holder of any Security Note of any series shall Series, Class or Tranche 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: (ia) such holder Xxxxxx has previously given written notice to the Indenture Trustee, who shall have given forwarded such notice to the Trustee written notice Collateral Agent of an a continuing Event of Default and of the continuance thereof with respect to the Securities Notes of such series specifying such Event of DefaultSeries, as hereinbefore provided; Class or Tranche; (iib) the holders Holders of not less more than 25% in aggregate principal amount Outstanding Dollar Principal Amount of the Securities Outstanding Notes of such series then Outstanding shall Series, Class or Tranche have made written request upon to the Trustee Indenture Trustee, who shall have forwarded such request to the Collateral Agent, to institute proceedings in respect of such action, suit or proceeding Event of Default in its own the name as of the Collateral Agent under the Asset Pool One Supplement and on behalf of the Indenture Trustee hereunder; ; (iiic) such holder Holder or holders shall Holders have offered to the Indenture Trustee such reasonable for itself and for the benefit of the Collateral Agent, indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (ivd) both the Indenture Trustee and the Collateral Agent, on behalf of the Indenture Trustee, for 90 60 days after its receipt of the Indenture Trustee has received such notice, request and offer of indemnity, shall indemnity have failed to institute any such action, suit or proceeding and proceeding; and (ve) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein such written request has been given to the contrary or any other provisions of this IndentureIndenture Trustee, the right of any holder of any Security to receive payment on behalf of the principal of (and premiumCollateral Agent, if any) and interest on during such Security, as therein provided, on or after 60-day period by the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 Majority Holders of such holder Series, Class or Tranche; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Securities Notes of such series shall Series, Class or Tranche will have any right in any manner whatsoever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other Holders of Notes of such SecuritiesSeries, Class or Tranche, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable equal and common proportionate benefit of all holders the Holders of Securities all Notes of such series. For the protection and enforcement of the provisions of this SectionSeries, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law Class or in equityTranche.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than twenty-five (25% %) in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 sixty (60) days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding and (v) during such 90 sixty (60) day period, the holders of not less than a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder holder, and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, Trustee that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesthe Debentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series Series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Series shall have any right in any manner whatsoever 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 such seriesSeries. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding, and (v) during such 90 60-day period, period the holders Holders of a majority in principal amount of the Outstanding Securities of that such series do shall not give have given the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series Noteholder shall have any right by virtue or by availing of any provision of this Indenture to institute any suitProceedings, 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: (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iia) the holders Holders of not less than 25% in of the aggregate Outstanding principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee all Series (or, with respect to institute any such action, suit or proceeding that does not relate to all Series, Holders of not less than 25% of the aggregate Outstanding principal amount of all Series to which such action or proceeding relates) have made written request to the Indenture Trustee to institute such proceeding in its own name as Trustee hereunder; Indenture Trustee; (iiib) such holder Noteholder or holders shall have Noteholders has previously given written notice to the Indenture Trustee of a continuing Event of Default; (c) such Noteholder or Noteholders has offered to the Indenture Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (ivd) the Indenture Trustee for 90 sixty (60) days after its receipt of such notice, request and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and Proceeding; and (ve) no direction inconsistent with such written request has been given to the Indenture Trustee during such 90 sixty-day period, period by the holders Holders of a majority in of the Outstanding principal amount of the Securities Notes of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary such Series (or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Securityall Series, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption dateapplicable), 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 holder ; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Noteholders of Securities of such series the affected Series shall have any right in any manner whatsoever by virtue of, or by availing of of, any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, Noteholders or to obtain or to seek to obtain priority over or preference to over any other such holder, Noteholders 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 the Noteholders except as may otherwise be specified in any applicable Indenture Supplement. In the event the Indenture Trustee shall receive conflicting or inconsistent requests and indemnity from two (2) or more groups of Securities of such series. For the protection and enforcement Noteholders of the affected Series or of all Series, as the case maybe, each representing less than a majority of the Outstanding principal amount of Notes under such Series, the Indenture Trustee in its sole discretion may determine what action, if any, shall be taken, notwithstanding any other provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityIndenture.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders there shall have been offered to the Trustee such reasonable pre-funding, security and/or indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , and (iv) the Trustee Trustee, for 90 60 calendar days after its receipt of such noticenotification, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, have not received from the holders Holders of a majority in aggregate principal amount of the Securities of that such series do not give the Trustee then Outstanding a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on, the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series Holder shall have any right by virtue of 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 (ia) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series Subordinated Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder Holder or holders Holders 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; and (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders Holders of a majority in principal amount of the Securities of that series Subordinated Debentures do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureIndenture to the contrary, the right of any holder of any Security Holder to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, the Subordinated Debentures on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder Holder; and by accepting a Security Subordinated Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Holder thereof with every other such taker and holder Holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or seek to obtain priority over or preference to any such other such holderHolders, 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 such seriesSubordinated Debentures. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. (a) No holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesDebentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder Holder of any Security of any series Debt shall have any right by virtue or by availing of any provision of this Indenture to institute any suitProceedings, action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture Indenture, the Loan Agreement or any Debt, or for the appointment of a receiver or collateral trustee, or for any other remedy hereunder, unless unless: (ia) such holder Holder has previously shall have given to the Collateral Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; ; (iib) the holders Holders of not less than 25% in aggregate principal amount of the then Aggregate Outstanding Amount of the Securities of such series then Outstanding the Controlling Class shall have made written request upon to the Collateral Trustee to institute Proceedings in respect of such action, suit or proceeding Event of Default in its own name as Collateral Trustee hereunder; (iii) hereunder and such holder Holder or holders shall Holders have offered provided the Collateral Trustee indemnity reasonably satisfactory to the Collateral Trustee such reasonable indemnity as it may require against the costs, expenses (including reasonable attorneys’ fees and expenses) and liabilities to which might reasonably be incurred therein or thereby; by it in compliance with such request; (ivc) the Trustee Collateral Trustee, for 90 30 days after its receipt of such notice, request and offer provision of such indemnity, shall have has failed to institute any such action, suit or proceeding and Proceeding; and (vd) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein such written request has been given to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment Collateral Trustee during such 30-day period by a Majority of the principal of (Controlling Class; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Securities of such series Debt shall have any right in any manner whatsoever whatever by virtue of, or by availing of itself of, any provision of this Indenture or the Loan Agreement to affect, disturb or prejudice the rights of the holders of any other Holders of such Securities, Debt of the same Class or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders of the Debt of the same Class or to enforce any right under this IndentureIndenture or the Loan Agreement, except in the manner herein provided and for the equal, equal and ratable and common benefit of all holders the Holders of Securities of such series. For the protection and enforcement Debt of the same Class subject to and in accordance with Section 13.1 and the Priority of Payments. In the event the Collateral Trustee shall receive conflicting or inconsistent requests and indemnity pursuant to this Section 5.8 from two or more groups of Holders of the Controlling Class, each representing less than a Majority of the Controlling Class, the Collateral Trustee shall act in accordance with the request specified by the group of Holders with the greatest percentage of the Aggregate Outstanding Amount of the Controlling Class, notwithstanding any other provisions of this SectionIndenture. If all such groups represent the same percentage, each and every Securityholder and the Trustee Collateral Trustee, in its sole discretion, may determine what action, if any, shall be entitled to such relief as can be given either at law or in equitytaken.

Limitation on Suits. No (a) Except as set forth in this Indenture, no holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than twenty-five percent (25% %) in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 sixty (60) days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding and (v) during such 90 sixty (60) day period, the holders of at least a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Debenture with every other such taker and holder and the Trustee, Trustee that no one or more holders of Securities of such series the Debentures shall have any right in any manner whatsoever 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 SecuritiesDebentures, 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 such seriesthe Debentures. For the protection and enforcement of the provisions of this SectionSection 7.4, each and every Securityholder Debentureholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Issuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision Subject to the provisions of this Indenture relating to the duties of the Trustee, in case an Event of Default occurs and is continuing, the Trustee will be under no obligation to exercise any of the rights or powers under this Indenture at the request or direction of any Holders of Notes unless such Holders have made a written request and offered to the Trustee indemnity and/or security satisfactory to the Trustee against any loss, liability or expense. Except (subject to Article 9) to enforce the right to receive payment of principal, premium, if any, or interest or Additional Amounts when due, no Holder of any of the Notes has any right to institute any suit, action or proceeding in equity or at law upon or under or proceedings with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunderthereunder, unless (i) such holder previously shall have given to the Trustee written notice Holders of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall outstanding Notes have made a written request upon to, and offered indemnity and/or security satisfactory to, the Trustee to institute such actionproceeding as trustee under the Notes and this Indenture, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee has failed to institute such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 proceeding within 30 days after its receipt of such notice, notice and indemnity or security and the Trustee within such 30-day period has not received directions inconsistent with such written request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders by Holders of a majority in aggregate principal amount of the Securities outstanding Notes. Such limitations do not, however, apply to a suit instituted by a Holder of that series do not give a Note for the Trustee a direction inconsistent with enforcement of the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and of, premium, if any) , and Additional Amounts or interest on such Security, as therein provided, Note on or after the respective due dates expressed in such Security (or in the case Note. A Holder of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall a Note may not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of use this Indenture to affect, disturb or prejudice the rights of the holders another Holder of any other of such Securities, a Note or to obtain a preference 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 another Holder of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and a Note (it being understood that the Trustee shall be entitled does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such relief as can be given either at law or in equityHolders).

Limitation on Suits. (1) . 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 unless: (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as and security reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such written notice, request and offer of indemnityindemnity and security reasonably satisfactory to it, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such seriesseries (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). For the protection and enforcement of the provisions of this SectionSection 9.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. (a) No holder of any Security Note 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 unless: (i1) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities Notes of such series specifying such Event of Default, as hereinbefore provided; ; (ii2) the holders of not less than 25% in aggregate principal amount of the Securities Notes 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 trustee hereunder; ; (iii3) such holder or holders 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; ; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and proceeding; and (v5) during such 90 60 day period, the holders of a majority in principal amount of the Securities Notes of that series do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security Note to receive payment of the principal of (and premium, if any) and interest on such SecurityNote, as therein provided, on or after the respective due dates expressed in such Security Note (or in the case of redemption, on the redemption dateRedemption Date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption dateRedemption Date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Security Note hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security Note of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities the Notes of such series shall have any right in any manner whatsoever 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 SecuritiesNotes, 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 Notes of such series. . (c) For the protection and enforcement of the provisions of this Section, each and every Securityholder Noteholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate 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 trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do shall not give have given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Rights and Remedies Cumulative; Delay or Omission Not Waiver. Except as otherwise provided in Section 2.07, all powers and remedies given by this Article to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such Securities. No delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or on acquiescence therein; and, subject to the provisions of Section 6.04, every power and remedy given by this Article or by law to the Trustee or the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Limitation on Suits. No holder of any Debt 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Debt Securities of such series specifying such Event of Default, as hereinbefore herein provided; (ii) the holders of not less than 25% in aggregate principal amount of the Debt 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 trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable reason- able indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Debt Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Debt Security to receive payment of the principal of (and premium, if any) and interest on such Debt Security, as therein provided, on or after the respective due dates expressed in such Debt Security (or in the case of redemption, on the redemption 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 holder holder, and by accepting a Debt Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Debt Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Debt Securities of such series shall have any right in any manner whatsoever 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 Debt 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 Debt Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder (a) Subject to the provisions of this Indenture relating to the duties of the Trustee, the Trustee is under no obligation to exercise any of its rights or powers under this Indenture at the request, order or direction of any Security of the Holders of the Notes unless such Holders have offered to the Trustee reasonable security or indemnity. Subject to all provisions of this Indenture and applicable law, the Holders of a majority in aggregate principal amount of the then outstanding Notes have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee. (b) No Holder of any series shall Notes will 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 trusteeany remedy thereunder, or for any other remedy hereunder, unless unless: (i1) such holder previously shall have given Holder gives to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such a continuing Event of Default, as hereinbefore provided; ; (ii2) the holders Holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made outstanding Dollar Notes or Euro Notes, as the case may be, make a written request upon to pursue the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; remedy; (iii3) such holder Holders of the Dollar Notes or holders shall have offered Euro Notes, as the case may be, provide to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; satisfactory indemnity; (iv4) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and does not comply within 60 days; and (v5) during such 90 60-day period, period the holders Holders of a majority in principal amount of the Securities of that series outstanding Notes do not give the Trustee a written direction which, in the opinion of the Trustee, is inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureOtherwise, the right no Holder of any holder Notes will have any right to institute any proceeding with respect to this Indenture or for any remedy hereunder, except: (1) a Holder of any Security to receive Notes may institute suit for enforcement of payment of the principal of (and premium, if any) and , or interest on such Security, as therein provided, Note held by it on or after the respective due dates expressed in such Security Note, or (or in the case of redemption, on the redemption date), or to institute suit 2) for the enforcement institution of any such payment on proceeding with respect to this Indenture or after such respective dates or redemption dateany remedy hereunder, shall not be impaired or affected including, without the consent of such holder and by accepting a Security hereunder it is expressly understoodlimitation, intended and covenanted acceleration, by the taker and holder Holders of every Security a majority in principal amount of such series with every other such taker and holder and the Trusteeoutstanding Notes; provided, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing upon institution of any provision of this Indenture to affect, disturb proceeding or prejudice the rights of the holders exercise of any other of remedy, such Securities, Holder 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and Holders provide the Trustee shall be entitled to such relief as can be given either at law or in equitywith prompt notice thereof.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 or as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable security and indemnity as it may require against the costs, expenses and liabilities to be incurred therein or therebythereby reasonably satisfactory to the Trustee; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder holder, and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. (a) No holder of any Security of any series Debenture 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series Debentures do not give the Trustee a direction inconsistent with the request. . (b) Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security the Debentures to receive payment of the principal of (and premium, if any) and interest on such Securitythe Debentures, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.without

Limitation on Suits. No holder Except as set forth in Section 5.08, no Holder of any Security of any particular series shall 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 Subordinated Indenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunderwith respect to this Subordinated Indenture or the Securities, unless unless: (i1) such holder previously shall have given to the Trustee written notice of an Event of Default, Payment Default, Perpetual Security Default and of the continuance thereof or Payment Event with respect to that series shall have occurred and be continuing and such Holder shall have previously given written notice to the Subordinated Trustee for the Securities of such series specifying of such Event of Default, as hereinbefore provided; Payment Default, Perpetual Security Default or Payment Event and the continuance thereof; (ii2) the holders Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of such that series then Outstanding shall have made written request upon to the Subordinated Trustee for the Securities of such series to institute proceedings in respect of such actionEvent of Default, suit Payment Default, Perpetual Security Default or proceeding Payment Event in its own name as Subordinated Trustee hereunder; ; (iii3) such holder Holder or holders shall Holders have offered to such Subordinated Trustee indemnity and/or security satisfactory to the Subordinated Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (iv4) the such Subordinated Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have indemnity and/or security has failed to institute any such action, suit or proceeding and proceeding; and (v5) no direction inconsistent with such written request has been given to such Subordinated Trustee during such 90 60-day period, period by the holders Holders of a majority in aggregate principal amount of the Outstanding Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (series; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Securities of such that series shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Subordinated Indenture to affect, disturb or prejudice the rights of the holders of any other Holders of such Securities, or to obtain or seek to obtain priority over or preference to any other such holderSecurities of that series, or to enforce any right under this Subordinated Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all holders the Holders of Securities of such that series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 2550% in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 hereunderxxxxxx xxxxxxxxx, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% a majority in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security or indemnity as it may require reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of security or indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of security or indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Issuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Holder of any Senior Debt Security of any series shall 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 Senior Debt Securities Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless unless (ia) such holder Holder has previously shall have given written notice to the Trustee written notice of an a continuing Event of Default and of the continuance thereof with respect to the Senior Debt Securities of such the same series specifying such Event of Default and stating that such notice is a “Notice of Default, as hereinbefore provided; ” hereunder; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Outstanding Senior Debt Securities of such 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 name, as Trustee hereunder; ; (iiic) such holder or holders shall have Holder of a Senior Debt Security has offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; in compliance with such request; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and proceeding; and (ve) no direction inconsistent with such written request has been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in principal amount of the Outstanding Senior Debt Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (such series; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders Holders of Senior Debt Securities of such a particular series shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Senior Debt Securities Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders or holders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or holders or to enforce any right under this Senior Debt Securities Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all holders Holders of Senior Debt Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding, and (v) during such 90 60-day period, period the holders of a majority in principal amount of the Outstanding Securities of that such series do shall not give have given the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of 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, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its 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 their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 IndentureIndenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearance are unduly prejudicial to such holders), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity reasonably satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions provision of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 IndentureIndenture (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), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate 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; (iiic) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (ivd) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (ve) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 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 (i1) such holder Holder has previously shall have given written notice to the Trustee written notice of an a continuing Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; that series; (ii2) the holders Holders of not less than 25% in aggregate 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; ; (iii3) such holder Holder or holders shall Holders have offered to the Trustee such reasonable indemnity as it may require against the reasonable costs, expenses and liabilities to be incurred therein in compliance with such request in such amount and for such person or thereby; persons as shall be reasonably acceptable to the Trustee; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding and proceeding; and (v5) no direction inconsistent with such written request has been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in aggregate principal amount of the Outstanding Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (series; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Indenture to affect, 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 such seriesHolders. For 508, 509, 510, 511 SECTION 508. Unconditional Right of Holders to Receive Principal, Premium and Interest. Notwithstanding any other provision in this Indenture, the protection Holder of any Security shall have the right, which is absolute and unconditional, to receive payment of the principal of (and premium, if any) and (subject to Section 307) interest on such Security on the Stated Maturity or Maturities expressed in such Security (or, in the case of redemption, on the Redemption Date, or, in the case of repayment at the option of the Holder, on the Repayment Date) and to institute suit for the enforcement of any such payment, and such rights shall not be impaired without the provisions consent of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityHolder.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% a majority in aggregate 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; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate 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 trustee hereunder; (iii) such holder or holders 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; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.03) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption 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 holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever 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 such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.