Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series; (b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 61 contracts
Samples: Indenture (STR Holdings, Inc.), Indenture (Lin Tv Corp.), Indenture (Lin Tv Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered offered, and if requested, provided to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of security or indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 35 contracts
Samples: Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Pioneer Energy Services Corp), Indenture (RigNet, Inc.)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 33 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Cott USA Finance LLC)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than at least 25% in principal amount of the outstanding Outstanding Securities of that Series such series shall have made written request to the Trustee to institute such proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for Trustee, within 60 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 32 contracts
Samples: Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in aggregate principal amount of the then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever whatsoever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 18 contracts
Samples: Indenture (Compass Aerospace LTD), Indenture (Talk Radio Network Inc), Indenture (Big 5 Corp /Ca/)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee Trustee, and if requested, shall have provided, reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity (or if requested, receipt of indemnity) has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; Outstanding Securities, it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 17 contracts
Samples: Indenture (Solectron Corp), Indenture (Solectron Corp), Indenture (Monmouth Real Estate Investment Corp)
Limitation on Suits. No As provided in and subject to the provisions of the Indenture, the Holder of any this Security of any Series shall not have any the right to institute any proceeding, judicial or otherwise, proceeding with respect to this Indenture, the Indenture or for the appointment of a receiver or trustee, trustee or for any other remedy hereunderthereunder, unless
(a) unless such Holder has shall have previously given the Trustee written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) this series, the Holders of not less than 25% in principal amount of the outstanding Securities of that Series this series at the time Outstanding shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have and offered to the Trustee reasonable indemnity against and/or security, and the costs, expenses and liabilities to be incurred Trustee shall not have received from the Holders of a majority in compliance principal amount of Securities of this series at the time Outstanding a direction inconsistent with such request;
(d) the Trustee , and shall have failed to institute any such proceeding, for 60 days after its receipt of such notice, request and offer of indemnity has failed and/or security. The foregoing shall not apply to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given suit instituted by the Holder of this Security for the enforcement of any payment of principal hereof or any premium or interest hereon on or after the respective due dates expressed herein. No reference herein to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood Indenture and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to affectpay the principal of and any premium and interest on this Security at the times, disturb or prejudice the rights of any other of such Holdersplace and rate, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except and in the manner coin or currency, herein provided and for the equal and ratable benefit of all such Holdersprescribed.
Appears in 16 contracts
Samples: Thirteenth Supplemental Indenture (Anheuser-Busch InBev S.A.), Twelfth Supplemental Indenture (Anheuser-Busch InBev S.A.), Tenth Supplemental Indenture (Anheuser-Busch InBev S.A.)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 14 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Price Communications Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 14 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6090-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 12 contracts
Samples: Indenture (China Natural Resources Inc), Indenture (GTT Communications, Inc.), Indenture (Fusion Telecommunications International Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series such series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of all Securities of such Holdersseries.
Appears in 12 contracts
Samples: Indenture (Revlon Inc /De/), Indenture (Revlon Inc /De/), Indenture (Taylor Morrison Home Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such HoldersHolders of Securities of the affected series.
Appears in 12 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Wisconsin Public Service Corp), Senior Debt Securities Indenture (KBHC Financing I)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenturethe Indenture or any of the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunderunder the Indenture or any of the Notes, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b2) the Holders of not less than 25% in principal amount of the all outstanding Securities of that Series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the all outstanding Securities of that SeriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this the Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or any of the Notes, except in the manner herein provided in the Indenture and for the equal and ratable benefit of all such Holders.
Appears in 11 contracts
Samples: Supplemental Indenture (Boston Properties LTD Partnership), Supplemental Indenture (Boston Properties LTD Partnership), Supplemental Indenture (Boston Properties LTD Partnership)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute or order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the then outstanding Securities of that Series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the then outstanding Securities of that SeriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 11 contracts
Samples: Indenture (Neenah Foundry Co), Indenture (Mmi Products Inc), Indenture (Neenah Foundry Co)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee trustee hereunder;
(c) such Holder or Holders have offered to the Trustee a reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 15 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6015-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or any Security, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 10 contracts
Samples: Indenture (Service Corporation International), Indenture (Service Corporation International), Indenture (General Cable Corp /De/)
Limitation on Suits. No Holder of any Security of any Series series or any related coupon shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 10 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Franchise Finance Corp of America), Indenture (Jmar Technologies Inc)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 10 contracts
Samples: Indenture (NGC Corp), Indenture (NGC Corp), Indenture (Dynegy Holdings Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture (including, if applicable, the Guarantee), or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 10 contracts
Samples: Indenture (Weatherford International LTD), Indenture (Comstock Resources Inc), Indenture (Weatherford International Inc /New/)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding all Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 9 contracts
Samples: Indenture (Masco Corp /De/), Indenture (Pitney Bowes Inc /De/), Indenture (Masco Corp /De/)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the then outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 9 contracts
Samples: Indenture (Halter Marine Group Inc), Indenture (General Semiconductor Inc), Indenture (United States Filter Corp)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable an indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 30 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6030-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 9 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 8 contracts
Samples: Indenture (Regency Centers Lp), Indenture (Goodyear Capital Trust I), Indenture (Goodyear Tire & Rubber Co /Oh/)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute any proceedingProceedings, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee written notice of a continuing an Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Majority Noteholders shall have made written request to the Trustee to institute proceedings Proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) hereunder and such Holder or Holders have offered provided the Trustee indemnity reasonably satisfactory to the Trustee reasonable indemnity against the costs, expenses (including reasonable attorneys’ fees and expenses) and liabilities to be incurred in compliance with such request;
(dc) the Trustee Trustee, for 60 30 days after its receipt of such notice, request and offer provision of indemnity such indemnity, has failed to institute any such proceedingProceeding; and
(ed) no direction inconsistent with such written request has been given to the Trustee during such 6030-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesMajority Noteholders; it being understood and intended that no one or more Holders of such Holders Notes shall have any right in any manner whatever by virtue of, or by availing itself of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holdersthe Holders subject to and in accordance with the Priority of Payments.
Appears in 8 contracts
Samples: Indenture (BC Partners Lending Corp), Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.), Supplemental Indenture (CM Finance Inc)
Limitation on Suits. No Holder of any Security Notes of any Series series shall have any right to institute or defend any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities Notes of that Seriesseries;
(b2) the Holders of not less than 25% a majority in aggregate principal amount of the outstanding Securities Outstanding Notes of that Series series shall have made written request to the Trustee to institute or defend suits or proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the all costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 outstanding Securities Outstanding Notes of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, of any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 8 contracts
Samples: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 7 contracts
Samples: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital Corp)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Guarantees, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of at least a majority in principal amount of the outstanding Securities of that SeriesOutstanding Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or the Guarantees to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or the Guarantees, except in the manner herein provided and for the equal and ratable benefit of all of such Holders. For the protection and enforcement of the provisions of this Section 6.07, each and every Holder of Notes and the Trustee shall be entitled to such relief as can be given at law or in equity.
Appears in 6 contracts
Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Limitation on Suits. No Holder holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b2) the Holders holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder holder or Holders holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders holders of a majority in aggregate principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more such holders of such Holders Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Securities or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holdersholders of Securities.
Appears in 6 contracts
Samples: Senior Indenture (Summit Financial Group, Inc.), Subordinated Indenture (Summit Financial Group, Inc.), Senior Indenture (TriState Capital Holdings, Inc.)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 6 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Leap Wireless International Inc), Indenture (Host Marriott Corp/Md)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 6 contracts
Samples: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 6 contracts
Samples: Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than at least 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such HoldersHolders of Securities of the affected series.
Appears in 5 contracts
Samples: Senior Debt Indenture (Cnooc LTD), Indenture (True North Communications Inc), Subordinated Debt Indenture (Nexen Inc)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless;
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 5 contracts
Samples: Indenture (International Paper Capital Trust Iii), Indenture (United States Surgical Corp), Indenture (International Paper Capital Trust Iii)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to a Responsible Officer of the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 2533% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 5 contracts
Samples: Indenture (Southwestern Electric Power Co), Indenture (Central Power & Light Co /Tx/), Indenture (Public Service Co of Oklahoma)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 5 contracts
Samples: Indenture (Liquid Media Group Ltd.), Indenture (CNH Industrial N.V.), Indenture (Meta Financial Group Inc)
Limitation on Suits. No Holder of any Security of any Series Securityholder shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureAgreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) there is a continuing Event of Master Servicer Default and such Holder Securityholder has previously given written notice to the Indenture Trustee of a continuing Event of Default with respect to the Securities of that SeriesMaster Servicer Default;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Required Securityholders shall have made written request to the Indenture Trustee to institute proceedings in respect of such Event of Master Servicer Default in its own name as Indenture Trustee hereunder;
(c) such Holder or Holders Securityholders have offered to the Indenture Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee Indenture Trustee, for 60 30 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Indenture Trustee during such 6030-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesRequired Securityholders; it being understood and intended that no one or more of such Holders Securityholders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Agreement to affect, disturb or prejudice the rights of any other of such HoldersSecurityholders, or to obtain or to seek to obtain priority or preference over any other of such Holders Securityholders or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal and ratable benefit of all such Holdersthe Securityholders as provided herein.
Appears in 5 contracts
Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (HMB Acceptance Corp.), Transfer and Servicing Agreement (BLG Securities Company, LLC)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to the Trustee against the costs, expenses and liabilities (including fees and expenses of its agents and counsel) to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 5 contracts
Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than at least 25% in aggregate principal amount of the then outstanding Securities of that Series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for does not comply with such request within 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingsecurity or indemnity; and
(e) no during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Seriesrequest; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 5 contracts
Samples: Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in aggregate principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 4 contracts
Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Resources Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other such Holders or Holders of such Holdersany other series, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 4 contracts
Samples: Annual Report, Supplemental Indenture (Merrill Lynch & Co Inc), Indenture (Merrill Lynch & Co Inc)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 4 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, of any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (Genzyme Corp), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
unless (aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
Default; (bB) the Holders of not less than 25% in aggregate principal amount of the then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
; (cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
; (dD) the Trustee for 60 15 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
and (eE) no direction inconsistent with such written request has been given to the Trustee during such 6015-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 4 contracts
Samples: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% a majority in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 45 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6045-day period by the Holders of a majority in aggregate principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or any Security, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 4 contracts
Samples: Indenture (Net Servicos De Comunicacao S A), Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae LTD)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series such series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of all Securities of such Holdersseries.
Appears in 4 contracts
Samples: Subordinated Indenture (Fund American Co Inc/New), Senior Indenture (Magna Entertainment Corp), Subordinated Indenture (Magna Entertainment Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity Indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (Amcv Capital Trust I), Indenture (El Paso Energy Capital Trust I), Indenture (El Paso Energy Capital Trust Iii)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costslosses, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (CVG Oregon, LLC), Indenture (Navistar, Inc.), Indenture (Navistar, Inc.)
Limitation on Suits. No Holder of any Security of any Series series or any related coupon shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 4 contracts
Samples: Indenture (Criimi Mae Inc), Indenture (Crescent Real Estate Equities LTD Partnership), Indenture (Equity Office Properties Trust)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunderunder this Indenture, unless:
(a1) such Holder Hxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderunder the Indenture;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses expenses, and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request request, and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (Huntington Bancshares Inc/Md), Indenture (Huntington Bancshares Inc/Md), Indenture (Huntington Bancshares Inc/Md)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, otherwise with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, Indenture except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (New Nisource Inc), Indenture (New Nisource Inc), Indenture (Peoples Energy Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder Hxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b2) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities (including counsel's fees, expenses and disbursements) to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 4 contracts
Samples: Indenture (Toyota Auto Lease Trust 1998 C), Indenture (Toyota Motor Credit Corp), Indenture (Toyota Auto Lease Trust 1998-B)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee trustee hereunder;
(c) such Holder or Holders have offered to the Trustee a reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 15 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6015-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Indenture, any Security or any Guarantee to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, any Security or any Guarantee, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 4 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other such Holders or Holders of such Holdersany other series, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 4 contracts
Samples: Indenture (Gatx Corp), Subordinated Indenture (Gatx Financial Corp), Indenture (Gatx Financial Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in aggregate principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such HoldersHolders of Securities of that series.
Appears in 4 contracts
Samples: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in aggregate principal amount of the then outstanding Securities of that Series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 outstanding Securities of that SeriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever whatsoever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 4 contracts
Samples: Indenture (Penton Media Inc), Indenture (Radiologix Inc), Indenture (Penton Media Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, the Securities of the applicable series or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity or security reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing itself of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Samples: Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series such series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of all Securities of such Holdersseries.
Appears in 3 contracts
Samples: Senior Indenture (OneBeacon Insurance Group, Ltd.), Senior Indenture (Fund American Co Inc/New), Senior Indenture (Fund American Co Inc/New)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (Vornado Realty Trust), Indenture Agreement (Vornado Realty Trust), Indenture (Associated Banc-Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 3 contracts
Samples: Subordinated Indenture (Province Healthcare Co), Subordinated Indenture (Iron Mountain Inc/Pa), Subordinated Indenture (Iron Mountain Inc/Pa)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (United States Surgical Corp), Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
unless (a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
series; (b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series all affected series (treated as a single class) shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
; (c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
; (d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
and (e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; 56 48 it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders. SECTION 508.
Appears in 3 contracts
Samples: Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered and, if requested, provided to the Trustee reasonable security or indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of security or indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)
Limitation on Suits. No Holder The holder of any Security of any Series Note shall not have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(ai) such Holder Noteholder has previously given written notice to the Trustee of a continuing Indenture Event of Default with respect to the Securities of that SeriesDefault;
(bii) the Holders of Noteholders evidencing not less than 25% in principal amount of the outstanding Securities of that Series Voting Rights shall have made written request to the Trustee to institute proceedings in respect of such Indenture Event of Default in its own name as Trustee hereunder;
(ciii) such Holder Noteholder or Holders Noteholders have offered to the Trustee reasonable adequate indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(div) the Trustee for 60 30 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(ev) so long as any of the Notes remain outstanding, no direction inconsistent with such written request has been given to the Trustee during such 6030-day period by the Holders of a majority in principal amount Noteholders evidencing not less than 66-2/3% of the outstanding Securities of that SeriesVoting Rights; it being understood and intended that no one or more of such Holders Noteholder shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of any other of such HoldersNoteholder, or to obtain or to seek to obtain priority or preference over any other of such Holders Noteholder or to enforce any right under this Indenture, except in the manner herein provided provided. It is further understood and intended that so long as any portion of the Notes remains outstanding, the Servicer shall not have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture (other than for the equal enforcement of Sections 3.04(b) and ratable benefit 4.04) or for the appointment of all such Holdersa receiver or trustee, or for any other remedy hereunder.
Appears in 3 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than 25% at least a majority in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 3 contracts
Samples: Indenture (Ceragon Networks LTD), Indenture (Maritrans Inc /De/), Indenture (Spectrum Pharmaceuticals Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% at least a majority in aggregate principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever whatsoever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 3 contracts
Samples: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming Finance Corp), Indenture (Waterford Gaming LLC)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such HoldersHolders of Securities of the affected series.
Appears in 3 contracts
Samples: Indenture (Pioneer Standard Electronics Inc), Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing An Event of Default shall have occurred and be continuing with respect to the Securities of that Seriesseries and such Holder shall have previously given written notice thereof to the Trustee;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holder or to obtain or to seek to obtain priority or preference over any other of such Holders Holder or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all Holders of Securities of such Holdersseries.
Appears in 3 contracts
Samples: Indenture (PHH Corp), Indenture (PHH Corp), Indenture (PHH Corp)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the then-outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 3 contracts
Samples: Indenture (Price Communications Corp), Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of of, a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series such series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of all Securities of such Holdersseries.
Appears in 3 contracts
Samples: Indenture (Time Warner Inc/), Indenture (Aol Time Warner Inc), Indenture (Warner Communications Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (American Natural Soda Ash Corp.), Indenture (EP Energy LLC), Indenture (EP Energy LLC)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than 25% a majority in principal amount of the outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 3 contracts
Samples: Indenture (Bryn Mawr Bank Corp), Indenture (Idex Corp /De/), Indenture (Abc Naco Inc)
Limitation on Suits. No Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities (including fees and expenses of its agents and counsel) to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 3 contracts
Samples: Indenture (Baytex Energy LTD), Indenture (Baytex Energy LTD), Indenture (Amvescap PLC/London/)
Limitation on Suits. No Holder of any Security of any Series Certificateholder shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureAgreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(ai) there is a continuing Event of Master Servicer Default and such Holder Certificateholder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesMaster Servicer Default;
(bii) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Required Certificateholders shall have made written request to the Trustee to institute proceedings in respect of such Event of Master Servicer Default in its own name as Trustee hereunder;
(ciii) such Holder or Holders Certificateholders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(div) the Trustee Trustee, for 60 30 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and
(ev) no direction inconsistent with such written request has been given to the Trustee during such 6030-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesRequired Certificateholders; it being understood and intended that no one or more of such Holders Certificateholders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Agreement to affect, disturb or prejudice the rights of any other of such HoldersCertificateholders, or to obtain or to seek to obtain priority or preference over any other of such Holders Certificateholders or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal and ratable benefit of all such Holdersthe Certificateholders as provided herein.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mort Pass THR Certs Ser 2003-F), Pooling and Servicing Agreement (Bayview Financial Corp Mortgage Pass THR Certs Ser 2003-E), Pooling and Servicing Agreement (Bayview Financial Securities Co LLC)
Limitation on Suits. No Holder of any Security of any Series Notes shall have any right to institute any proceeding, judicial or otherwise, proceeding with respect to this Indentureits rights, or for the appointment of a receiver or trusteea Trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than at least 25% in aggregate principal amount of the outstanding Securities of that Series Outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderpursue the remedy;
(c) such Holder or Holders have offered and, if requested, provided to the Trustee reasonable indemnity satisfactory to it against the costsany loss, expenses and liabilities liability or expense to be incurred in compliance with such request;; and
(d) the Trustee for fails to comply with the request within 60 days after its receipt of such the Trustee receives the notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee and does not receive, during such 60-day period by the those 60 days, from Holders of a majority in aggregate principal amount of the outstanding Securities of Notes then outstanding, a direction that Series; it being understood and intended that no one or more of such Holders shall have is inconsistent with the request. Notwithstanding any right in any manner whatever by virtue of, or by availing of, any other provision of this Indenture and any provision of any Note, each Holder shall have the right to affectreceive payment or delivery, disturb as the case may be, of (x) the principal (including the Redemption Price, if applicable) of, (y) accrued and unpaid interest, if any, on, and (z) the consideration due upon conversion of, such Note, on or after the respective due dates expressed or provided for in such Note or in this Indenture, or to institute suit for the enforcement of any such payment or delivery, as the case may be. A Holder may not use this Indenture to prejudice the rights of any other of such Holders, or another Holder to obtain a preference or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holdersanother Holder.
Appears in 3 contracts
Samples: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.)
Limitation on Suits. No Subject to Section 7.08, no Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity satisfactory to the Trustee against the costsany loss, liability or expense (including fees and expenses and liabilities of its counsel) to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no the proceeding and has not received direction inconsistent with such written the original request has been given to the Trustee during such 60-day period by from the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Serieswithin 60 days after the original request; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or any Security, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 3 contracts
Samples: Indenture (Stewart Information Services Corp), Exhibit (Steel Dynamics Inc), Indenture (Comtech Telecommunications Corp /De/)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered and, if requested, provided to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of security or indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Sunoco Logistics Partners Lp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 3 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Triquint Semiconductor Inc), Indenture (Interliant Inc)
Limitation on Suits. No Holder of any Security of any Series a Bond shall have any right to institute any proceedingProceedings, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b2) the Holders of Bonds representing not less than 25% in principal amount of the outstanding Securities Aggregate Current Principal Amount of that Series the Outstanding Bonds shall have made written request to the Trustee to institute proceedings Proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingProceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount Bonds representing not less than 66 2/3% of the outstanding Securities Aggregate Current Principal Amount of that Seriesthe Outstanding Bonds; it being understood and intended that no one or more Holders of such Holders Bonds shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of such Holders, Bonds or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holdersof the Holders of Bonds.
Appears in 3 contracts
Samples: Indenture (National Collegiate Trust 1996-S2), Indenture (National Collegiate Trust 1996-S2), Indenture (National Collegiate Trust 1996-S2)
Limitation on Suits. No Holder of any Security of any Series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
unless (aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
Default; (bB) the Holders of not less than 25% in principal amount of the then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
; (cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
; (dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
and (eE) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 3 contracts
Samples: Indenture (Pricellular Corp), Indenture (American Cellular Corp /De/), Indenture (Centennial Cellular Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 3 contracts
Samples: Indenture (Earthweb Inc), Indenture (Internet Capital Group Inc), Indenture (Internet Capital Group Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunderunder this Indenture, unless:
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderunder the Indenture;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses expenses, and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request request, and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Samples: Indenture (Huntington Bancshares Inc/Md), Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial Group, Inc.)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing that an Event of Default with respect to has occurred, and the Securities Event of that SeriesDefault has not been cured or waived;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding Securities of that Series Outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the outstanding Securities of that SeriesOutstanding Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 2 contracts
Samples: Indenture (Converium Holding Ag), Indenture (Converium Holding Ag)
Limitation on Suits. No Holder of any Security of any Series either series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than at least 25% in aggregate principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered and provided to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request request, offer and offer provision of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 2 contracts
Samples: Indenture (Gap Inc), Indenture (Gap Inc)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has shall have previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% at least thirty-three percent (33%) in aggregate principal amount of the outstanding Securities of that Series Bonds then Outstanding shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 sixty (60) days after its receipt of such notice, request and offer of indemnity has shall have failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has shall have been given to the Trustee during such sixty (60-) day period by the Holders of at least a majority in aggregate principal amount of the outstanding Securities of that SeriesBonds then Outstanding; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 2 contracts
Samples: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (Pg&e Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Securities of that SeriesOutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 2 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries ; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 2 contracts
Samples: Indenture (Hub International LTD), Indenture (Hub International LTD)
Limitation on Suits. No Holder of any Security Securities of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series shall such series have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in principal amount of the outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all the Holders of all Securities of such Holdersseries.
Appears in 2 contracts
Samples: Senior Indenture (Teligent Inc), Subordinated Indenture (Teligent Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture (including, if applicable, the Guarantee), or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 2 contracts
Samples: Indenture (Frontier Oil Corp /New/), Indenture (Frontier Oil Corp /New/)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in aggregate principal amount of the then outstanding Securities of that Series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 outstanding Securities of that SeriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever whatsoever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 2 contracts
Samples: Indenture (Tri City Dialysis Center Inc), Indenture (NPR Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 2535% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 2 contracts
Limitation on Suits. No Holder of any Security Securities of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable an indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Guarantee to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided in this Indenture or any Guarantee and for the equal and ratable benefit of all such Holdersthe Holders of Securities of that series.
Appears in 2 contracts
Samples: Indenture (Capital Automotive Reit), Indenture (Capital Automotive Reit)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders.
Appears in 2 contracts
Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder Xxxxxx has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such HoldersHolders of Securities of the affected series.
Appears in 2 contracts
Samples: Indenture (WPS Resources Corp), Senior Debt Indenture (Insight Communications Co Inc)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered and furnished to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer furnishing of security or indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriesseries; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 2 contracts
Samples: Senior Indenture (Hanover Compressor Co /), Subordinated Indenture (Hanover Compressor Co /)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of of, a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series such series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60- day period by the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Seriessuch series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of all Securities of such Holdersseries.
Appears in 2 contracts
Samples: Indenture (Time Warner Inc/), Indenture (Amber Air Freight Corp)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has shall have previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% a majority in aggregate principal amount of the outstanding Securities of that Series then Outstanding shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 sixty (60) days after its receipt of such notice, request and offer of indemnity has shall have failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has shall have been given to the Trustee during such sixty (60-) day period by the Holders of a majority in aggregate principal amount of the outstanding Securities of that Seriesthen Outstanding; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the Lien of this Indenture or the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.
Appears in 2 contracts
Samples: First Mortgage Indenture (Allegheny Energy, Inc), General and Refunding Mortgage Indenture (Nevada Power Co)
Limitation on Suits. No Subject to Section 5.17 of this Indenture, no Holder of any Security of any Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the Notes then outstanding Securities of that Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the outstanding Securities of that SeriesNotes then outstanding; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such the Holders.
Appears in 2 contracts
Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)