Common use of Limitation on Suits Clause in Contracts

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 41 contracts

Samples: Indenture (Navigator Gas Iom I-E LTD), Indenture (Volume Services America Inc), Indenture (Winstar Communications Inc)

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Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 19 contracts

Samples: Indenture (CBRL Group Inc), Indenture (CBRL Group Inc), Indenture (Laboratory Corp of America Holdings)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holder or Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5v) during such 45-day period the Holder or Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 13 contracts

Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in aggregate principal amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 11 contracts

Samples: Indenture (Labone Inc/), Indenture (Best Buy Co Inc), Indenture (Sierra Health Services Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities Notes unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in principal amount of the Securities then outstanding Notes make a written request to the Trustee to pursue the a remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer of security or indemnity; and (5e) during such 30-day period the Holders of at least a majority in principal amount of the Securities then outstanding Notes do not give the Trustee a direction which is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 10 contracts

Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Indenture (Vertis Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the outstanding Securities make a written request to the Trustee to pursue the a remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 9 contracts

Samples: Indenture (Fedders Corp /De), Indenture (Fedders North America Inc), Indenture (Timber Tech Inc)

Limitation on Suits. Except to enforce the right to receive payment No Holder of principal, premium (if any) or interest when due, no Securityholder a Security of any series may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default with respect to the Securities of the series is continuing; (2) the Holders of at least 25% in principal amount of the Securities of that series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 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 during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 8 contracts

Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Limitation on Suits. Except Subject to enforce the right to receive payment of principalSection 6.7, premium (if any) or interest when due, no a Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives has previously given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to have requested that the Trustee to pursue the remedy; (3) such Holder or Holders offer have offered to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do have not give waived such Event of Default or otherwise given the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the such request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 7 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may pursue any remedy with respect to this Indenture or the Securities unlessonly if: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expenseexpense to be, or which may be, incurred by the Trustee in pursuing the remedy; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 7 contracts

Samples: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp), Indenture (Genzyme Corp)

Limitation on Suits. Except Subject to enforce the right to receive payment of principalSection 6.7, premium (if any) or interest when due, no a Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives has previously given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to have requested that the Trustee to pursue the remedy; (3) such Holder or Holders offer have offered to the Trustee reasonable security or indemnity reasonably satisfactory to it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do have not give given the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the such request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 7 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 6 contracts

Samples: Indenture (International Wire Group Inc), Indenture (Bremen Bearings Inc), Indenture (Brand Services)

Limitation on Suits. Except to enforce the right to ------------------- receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 6 contracts

Samples: Indenture (Blum Capital Partners Lp), Indenture (Blum Capital Partners Lp), Indenture (Morrison Knudsen Corp//)

Limitation on Suits. Except Subject to enforce the right to receive payment of principalSection 6.07 below, premium (if any) or interest when due, no a Securityholder may not institute any proceeding or pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60 day period by the Holders of a majority in aggregate principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodthen outstanding. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 6 contracts

Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Corp/Fl), Indenture (Samsonite Holdings Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the outstanding Securities make a written request to the Trustee to pursue the a remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the outstanding Securities (excluding Affiliates of the Company) do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 5 contracts

Samples: Indenture (United Auto Group Inc), Indenture (Aep Industries Inc), Indenture (Tekni Plex Inc)

Limitation on Suits. Except Subject to enforce the right to receive payment of principalSection 6.7, premium (if any) or interest when due, no a Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives such Securityholder has previously given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders Securityholders of at least 25% in principal amount of the outstanding Securities make a written request to have requested in writing that the Trustee to pursue the remedy; (3) such Holder or Holders offer Securityholders have offered to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders Securityholders of a majority in principal amount of the outstanding Securities do have not give given the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the such request during within such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 5 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 5 contracts

Samples: Indenture (Costco Companies Inc), Indenture (Multiverse Acquisition Corp), Indenture (Brightpoint Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or Indenture, the Securities or any Guarantee unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holder or Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 30-day period the Holder or Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 5 contracts

Samples: Indenture (Spanish Broadcasting System Inc), Indenture (Stoneridge Inc), Indenture (Fibermark Office Products LLC)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any fee, loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 5 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the outstanding Securities make a written request to the Trustee to pursue the a remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnityrequest; and (5v) during such 60-day period the Holders of a majority in principal amount of the outstanding Securities (excluding Affiliates of the Company) do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 5 contracts

Samples: Indenture (Hermes Europe Railtel B V), Indenture (Hermes Europe Railtel B V), Indenture (Global Telesystems Group Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 5 contracts

Samples: Indenture (Universal Health Services Inc), Indenture (Allergan Inc), Indenture (Health Management Associates Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 days after receipt of notice, the request and the offer of security or indemnity; and (5) the Holders of a majority in aggregate principal amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 4 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Rent Way Inc), Indenture (American Retirement Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1a) the Holder Securityholder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders Securityholders of at least 25% in principal amount of the then-outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder Securityholder or Holders Securityholders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period the Holders Securityholders of a majority in principal amount of the then-outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 4 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount at maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in aggregate principal amount at maturity of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 4 contracts

Samples: Indenture (Best Buy Co Inc), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable reasonably satisfactory to the Trustee indemnity or security or indemnity against any loss, liability or expenseexpense to be incurred in compliance with such request; (4) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer of security satisfactory indemnity or indemnitysecurity; and (5) during such 45-day period the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 4 contracts

Samples: Indenture (Chancellor Media Mw Sign Corp), Indenture (Ackerley Group Inc), Indenture (Chancellor Media Mw Sign Corp)

Limitation on Suits. Except to enforce the right to receive payment of principalas provided in Section 6.07, premium (if any) or interest when due, no a Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period, the Holders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 4 contracts

Samples: Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.), Indenture (WebMD Health Corp.)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if anya) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the Outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnityindemnity and the Event of Default has not been waived; and (5v) the Trustee has received no contrary direction from the Holders of a majority in principal amount of the Outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. . (b) A Securityholder may not use this Indenture to prejudice the rights of Of another Securityholder or to obtain a preference or priority over another Securityholdersecurityholder.

Appears in 4 contracts

Samples: Indenture (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Iii Inc), Indenture (Transition Auto Finance Iii Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in principal amount of the then outstanding Securities make a written request to the Trustee to pursue the a remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer of security or indemnity; and (5e) during such 30-day period the Holders of at least a majority in principal amount of the then outstanding Securities do not give the Trustee a direction which is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 4 contracts

Samples: Indenture (Big Flower Press Holdings Inc /Pred/), Indenture (Uih Australia Pacific Inc), Indenture (Big Flower Press Holdings Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder Holder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over another SecurityholderHolder.

Appears in 4 contracts

Samples: Indenture (Rotech Healthcare Inc), Indenture (Rotech Healthcare Inc), Indenture (Especialty Brands LLC)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least twenty-five percent (25% %) in principal amount of the Securities Outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 sixty (60) days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Outstanding do not give the Trustee a direction which, in the reasonable opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 4 contracts

Samples: Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder A Holder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in aggregate principal amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) the Holders of a majority in aggregate principal amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 4 contracts

Samples: Indenture (Magnum Hunter Resources Inc), Indenture (Kaydon Corp), Indenture (LNR Property Corp)

Limitation on Suits. Except to enforce the right to receive payment No Holder of principal, premium (if any) or interest when due, no Securityholder a Security of any series may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default with respect to the Securities of the series is continuing; (2) the Holders of at least 25% in principal amount of the Securities of that series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 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 during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another the other Securityholder.

Appears in 3 contracts

Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 3 contracts

Samples: Indenture (Omnicom Capital Inc), Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1) the Holder Securityholder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders Securityholders of at least 25% in principal amount of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder Securityholder or Holders Securityholders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period the Holders Securityholders of a majority in principal amount of the then outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 3 contracts

Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 3 contracts

Samples: Indenture (Yellow Corp), Indenture (Yellow Roadway Corp), Indenture (Medicis Pharmaceutical Corp)

Limitation on Suits. Except to enforce the No Holder of any Security will have any right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1a) the such Holder gives shall have previously given to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in principal amount of the Securities make a shall have made written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to shall have offered the Trustee reasonable security or indemnity against any loss, liability or expenseliability; (4d) the Trustee does not shall have failed to comply with the request within 60 days after the receipt of the such request and the offer of security or indemnity; and (5e) no written direction inconsistent with such request shall have been given to the Trustee during such 60-day period by the Holders of at least a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodSecurities. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 3 contracts

Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if anya) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 2525 % in aggregate principal amount of the Outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnityindemnity and the Event of Default has not been waived; and (5v) the Trustee has received no contrary direction from the Holders of a majority in principal amount of the Outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. . (b) A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 3 contracts

Samples: Indenture (Transition Auto Finance Ii Inc), Indenture (Transition Auto Finance Ii Inc), Indenture (Transition Auto Finance Ii Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) and the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 3 contracts

Samples: Indenture (Globalstar Capital Corp), Indenture (Globalstar Capital Corp), Indenture (Globalstar Capital Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 3 contracts

Samples: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD), Indenture (Novellus Systems Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Company and the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-60 day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 3 contracts

Samples: Indenture (Atmel Corp), Indenture (Network Associates Inc), Indenture (Network Associates Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any ------------------- remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 3 contracts

Samples: Indenture (Hewlett Packard Co), Indenture (Times Mirror Co /New/), Indenture (Merrill Lynch Preferred Capital Trust V)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in principal amount of the then outstanding Securities make a written request to the Trustee to pursue the a remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer of security or indemnityrequest; and (5e) during such 30-day period the Holders of at least a majority in principal amount of the then outstanding Securities do not give the Trustee a direction which is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 3 contracts

Samples: Indenture (Navistar International Corp /De/New), Indenture (Navistar International Corp /De/New), Indenture (Navistar Financial Corp)

Limitation on Suits. Except to enforce the right to receive payment of principalas provided in Section 6.07, premium (if any) or interest when due, no a Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedyinstitute proceedings in respect of such Event of Default; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expenseexpense to be thereby incurred (including reasonable attorneys' fees); (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 3 contracts

Samples: Indenture (Pembroke Falls Realty Trust), Indenture (Biltmore South Corp), Indenture (Schuler Homes Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the then outstanding Securities make a written request to the Trustee to pursue the a remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount Principal Amount at Maturity of the then outstanding Securities (excluding Affiliates of either of the Issuers) do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 2 contracts

Samples: Indenture (Frontiervision Holdings Capital Corp), Indenture (Frontiervision Holdings Capital Ii Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture Indenture, the Pledge Agreement or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use exercise its rights under this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Northeast Optic Network Inc), Indenture (Northeast Optic Network Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to affect, disturb or prejudice the rights of another Securityholder or Securityholder, to obtain a preference or priority over another SecurityholderSecurityholder or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all Holders.

Appears in 2 contracts

Samples: Indenture (Riverwood Holding Inc), Indenture (Riverwood Holding Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holder or Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 45-day period the Holder or Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 2 contracts

Samples: Indenture (Quality Distribution Inc), Indenture (Quality Distribution Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) principal or interest when due, no Securityholder Holder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in outstanding principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over another SecurityholderHolder.

Appears in 2 contracts

Samples: Indenture (Harman International Industries Inc /De/), Indenture (Laboratory Corp of America Holdings)

Limitation on Suits. Except to enforce the right to -------------------- receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Telecorp PCS Inc), Indenture (Telecorp Tritel Holding Co)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder Holder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity reasonably satisfactory to it against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over another SecurityholderHolder.

Appears in 2 contracts

Samples: Indenture (U.S. Concrete, Inc.), Indenture (Us Concrete Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives to has previously given the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer to have offered the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do have not give given the Trustee a direction inconsistent with the such request during within such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Medical Documenting Systems Inc), Indenture (United Surgical Partners International Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another SecurityholderSecurityholder (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).

Appears in 2 contracts

Samples: Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount at maturity of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount at maturity of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Mediq Inc), Indenture (Winstar Communications Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder Holder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives to has previously given the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to has offered the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do have not give given the Trustee a direction inconsistent with the such request during such 60-day period. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over another SecurityholderHolder.

Appears in 2 contracts

Samples: Indenture (Phillips Van Heusen Corp /De/), Indenture (Phillips Van Heusen Corp /De/)

Limitation on Suits. Except to enforce the right to ------------------- receive payment of principal, premium (if any) ), interest or interest Liquidated Damages when due, no Securityholder a Security holder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives to has previously given the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount at maturity of the outstanding Securities make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer to has offered the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount at maturity of the outstanding Securities do have not give given the Trustee a direction inconsistent with the such request during within such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Harborside Healthcare Corp), Indenture (Sailors Inc)

Limitation on Suits. Except Subject to enforce the right to receive payment of principalSection 6.07 below, premium (if any) or interest when due, no Securityholder a Security holder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holder or Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period the Holder or Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder Security holder may not use this Indenture to prejudice the rights of another Securityholder Security holder or to obtain a preference or priority over another Securityholdersuch other Security holder.

Appears in 2 contracts

Samples: Indenture (Packaged Ice Inc), Indenture (Call Points Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction 62 EXHIBIT 4.1 inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Aqua Chem Inc), Indenture (Aqua Chem Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in aggregate principal amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) the Holders of a majority in aggregate principal amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 2 contracts

Samples: Indenture (Pharmaceutical Resources Inc), Indenture (Scottish Annuity & Life Holdings LTD)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Skyworks Solutions Inc), Indenture (Hyster Overseas Capital Corp LLC)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to it against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Volume Services America Holdings Inc), Indenture (Volume Services America Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 2 contracts

Samples: Indenture (Murco Drilling Corp), Indenture (Grey Wolf Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder Holder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over another SecurityholderHolder.

Appears in 2 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

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Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives has given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make have made a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer have offered to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do has not give given the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Phoenix Racing Inc), Indenture (J H Heafner Co Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any ------------ ------------------- remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 2 contracts

Samples: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc)

Limitation on Suits. Except to enforce the right to -------------------- receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Chippac LTD), Indenture (Banctec Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest and Liquidated Damages (if any) when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Globalstar Capital Corp), Indenture (Globalstar Telecommunications LTD)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in outstanding principal amount of the Securities all outstanding series of Securities, voting as a single class, make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in outstanding principal amount of the Securities all outstanding series of Securities, voting as a single class, do not give the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 2 contracts

Samples: Indenture (Comforce Corp), Indenture (Comforce Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least twenty-five percent (25% %) in principal amount of the Securities Outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 sixty (60) days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Outstanding do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 2 contracts

Samples: Indenture (Trans World Airlines Inc /New/), Indenture (Trans World Airlines Inc /New/)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder A Holder may not pursue any ------------------- remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee previous written notice stating that an Event of Default is continuing; (2ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) the Holders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Prestolite Electric Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holder or Holders of at least 25% in aggregate principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer the Trustee indemnity satisfactory to the Trustee reasonable security or indemnity against any losscosts, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period the Holder or Holders of a majority in aggregate principal amount of the outstanding Securities do not give the Trustee a direction that is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 1 contract

Samples: Indenture (Aventine Renewable Energy Holdings Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives has previously given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to have requested the Trustee in writing to pursue the remedy; (3) such Holder or Holders offer to have offered the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do have not give given the Trustee a direction inconsistent with the such request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Pathmark Stores Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Encore Acquisition Co)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy -------------------------------- with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in aggregate principal amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.. 37

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when dueas provided in Section 6.07, no Securityholder Holder of Securities may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to previously gave the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% %, in principal amount Principal Amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount Principal Amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Starwood Hotel & Resorts Worldwide Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when dueas provided in Section 6.07, no Securityholder Holder of a Security may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to previously gave the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% %, in principal amount Principal Amount at Maturity of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount Principal Amount at Maturity of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Enron Corp/Or/)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expenseexpense to be incurred in compliance with such request; (4) the Trustee either (i) gives the Holders notice it will not comply with such request or (ii) does not comply with the request within 60 45 days after receipt of the request and the offer of security or satisfactory indemnity; and (5) during such 45-day period the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 1 contract

Samples: Indenture (Wickes Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 2530% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Corning Consumer Products Co)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any -------------------- remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 1 contract

Samples: Indenture (Merrill Lynch & Co Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Roto-Rooter Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture Indenture, the Securities, any Subsidiary Guarantee or the Securities Security Document unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in stated principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or and indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Concorde Gas Marketing Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense;expense to be incurred in compliance with such request, (4d) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer of security or satisfactory indemnity; and (5e) during such 45-day period the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another such other Securityholder.

Appears in 1 contract

Samples: Indenture (Wickes Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may pursue any remedy with respect to this Indenture or the Securities unlessonly if: (1) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in principal amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity or security or indemnity satisfactory to the Trustee against any loss, liability or expenseexpense to be, or which may be, incurred by the Trustee in pursuing the remedy; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Sina Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1i) the Holder gives to the Indenture Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in principal amount of the Securities make a written request to the Indenture Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Indenture Trustee reasonable security or indemnity satisfactory to the Indenture Trustee against any loss, liability or expense; (4iv) the Indenture Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Indenture Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Tarragon Realty Investors Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Ucar International Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in aggregate principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Radio One Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. . (a) A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 1 contract

Samples: Indenture (Eaton Vance Corp)

Limitation on Suits. Except to enforce the right to receive payment of principalas provided in Section 6.07, premium (if any) or interest when due, no Securityholder a Holder may not pursue any remedy with respect to this Indenture or the Securities Securities, including any Guarantee provided hereunder, unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over another SecurityholderHolder.

Appears in 1 contract

Samples: Indenture (Us Can Corp)

Limitation on Suits. Except to enforce the right to receive payment of principalas provided in SECTION 6.07, premium (if any) or interest when due, no a Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1i) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and if requested provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Ivax Corp /De)

Limitation on Suits. Except to enforce the right to receive payment of principalas provided in Section 8.07, premium (if any) or interest when due, no a Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an of a continuing Event of Default is continuing;Default; 39 (2b) the Holders of at least 25% in principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expenseexpenses; (4d) the Trustee does not comply with the request within 60 30 days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 30-day period by the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodthen outstanding. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Icn Pharmaceuticals Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may pursue any a remedy with respect to this Indenture or the Securities unlessonly if: (1a) the Holder Securityholder gives to the Trustee written notice stating that an of a continuing Event of Default is continuingDefault; (2b) the Holders Securityholders of at least 25% in principal amount of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder Securityholder or Holders Securityholders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period the Holders of a majority in principal amount of the then-outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Angeion Corp/Mn)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue ------------------ any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount at Maturity of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 1 contract

Samples: Indenture (Tyco International LTD /Ber/)

Limitation on Suits. Except Subject to enforce Section 6.7 of this Indenture or the right to receive payment of principalCollateral Agency Agreement, premium (if any) or interest when due, no a Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the such Holder gives has previously given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to have requested that the Trustee to pursue the remedy; (3) such Holder or Holders offer have offered to the Trustee reasonable security or indemnity reasonably satisfactory to it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do have not give given the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the such request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Prospect Medical Holdings Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder Securityholder gives to the Trustee previous written notice stating that an Event of Default is continuing; (2ii) the Holders Securityholders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (3iii) such Holder Securityholder or Holders Securityholders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) the Holders Securityholders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the written request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Harvard Industries Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) the principal amount of or interest on a Security when due, no Securityholder Holder of a Security may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity reasonably satisfactory to it against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not ------------------- pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities at the time outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount aggregate Principal Amount of the Securities at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 1 contract

Samples: Indenture (Reebok International LTD)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) principal or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the Securities outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity or security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 30 days after receipt of the request thereof and the offer of security indemnity or indemnitysecurity; and (5) during such 30-day period the Holders of a majority in of the aggregate principal amount of the outstanding Securities do not give the Trustee a direction which is inconsistent with the request during such 60-day periodrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Magellan Health Services Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in principal amount aggregate Principal Amount of the Securities Debentures at the time outstanding make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) the Holders of a majority in principal amount aggregate Principal Amount of the Securities Debentures at the time outstanding do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another any other Securityholder or to obtain a preference or priority over another any other Securityholder.

Appears in 1 contract

Samples: Indenture (Gtech Holdings Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Columbus McKinnon Corp)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (MBS Multimode Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no A Securityholder may not pursue any remedy with respect to this Indenture or the Securities unless: (1i) the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2ii) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) the Holders of a majority in principal amount of the outstanding Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Telex Communications Inc)

Limitation on Suits. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Securityholder may pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder previously gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in principal amount of the outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request during such 60-day period. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over another Securityholder.

Appears in 1 contract

Samples: Indenture (Interactive Media Corp)

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