Common use of Limitation on Suits Clause in Contracts

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 64 contracts

Samples: Indenture (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Superior Energy Services Inc)

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Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder of a Note gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 41 contracts

Samples: Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then then-outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 20 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee indemnity or security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense to be incurred in compliance with such request which is satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer of security satisfactory indemnity or indemnitysecurity; and (5) during such 6045-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Notesuch other Holder.

Appears in 20 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 19 contracts

Samples: Indenture Agreement (Majestic Holdco, LLC), Indenture (Majestic Star Casino LLC), Indenture (Terex Corp)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives has previously given to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 18 contracts

Samples: Indenture (Rattler Midstream Lp), Indenture (Viper Energy Partners LP), Indenture (Diamondback Energy, Inc.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes Securities only if: (1i) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5v) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 17 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 17 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives has previously given to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 17 contracts

Samples: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)

Limitation on Suits. A Subject to Section 6.08, a Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to has given the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. A Holder of a Note Noteholder may not use any provision of this Indenture to disturb or prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 14 contracts

Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense to be incurred in compliance with such request; (4) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer of security or satisfactory indemnity; and (5) during such 6045-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with such the request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a Notesuch other Noteholder.

Appears in 11 contracts

Samples: Indenture (NRG Energy Inc), Indenture (Dade Behring Inc), Indenture (Dade Behring Holdings Inc)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1a) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2b) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 11 contracts

Samples: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)

Limitation on Suits. A Subject to Section 6.07 hereof, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then total outstanding Notes make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to of the Notes have offered the Trustee security or indemnity reasonably satisfactory to the Trustee it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then total outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 11 contracts

Samples: Indenture (Toys R Us Inc), Indenture (Freescale Semiconductor, Ltd.), Indenture (NXP Semiconductors N.V.)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the then Notes at the time outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then Notes at the time outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note any other Noteholder or to obtain a preference or priority over another Holder of a Noteany other Noteholder.

Appears in 10 contracts

Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (McMoran Exploration Co /De/)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% a majority in aggregate principal amount of the then outstanding Notes Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-60 day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes Securities do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 9 contracts

Samples: Indenture (Twin Cities Power Holdings, LLC), Indenture (Consumer Portfolio Services Inc), Indenture (Sten Corp)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 9 contracts

Samples: Indenture (W&t Offshore Inc), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Partners LP)

Limitation on Suits. A Subject to Section 6.07 hereof, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then total outstanding Notes make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to of the Notes have offered the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then total outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 9 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Limitation on Suits. A Holder Subject to Section 6.07 hereof, a Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate outstanding principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that, in the opinion of the Trustee, is inconsistent with such requestrequest during such 60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 7 contracts

Samples: Indenture (Bunge LTD), Indenture (Bunge LTD), Indenture (Bunge LTD)

Limitation on Suits. (a) A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such an Event of Default has occurred and is continuing, and the Holder gives to the Trustee written notice that an of such continuing Event of Default is continuingDefault; (2ii) the Majority Holders of at least 25% in aggregate principal amount of the then outstanding Notes make have made a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpenses; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and request; (v) the offer Event of security Default has not been waived or indemnitycured; and (5vi) the Trustee has received no contrary direction from the Majority Holders 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 request. . (b) A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 7 contracts

Samples: Indenture (Tamarack Funding Corp), Indenture (Tamarack Lenders Corp), Indenture (Tamarack Funding Corp)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to have offered the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense it may incur; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 6 contracts

Samples: Fourth Supplemental Indenture (NRG Energy, Inc.), Indenture (NRG Yield, Inc.), Third Supplemental Indenture (NRG Energy, Inc.)

Limitation on Suits. A Holder Noteholder may pursue a remedy with respect to this Indenture or the Notes Securities only if: (1a) such Holder the Noteholder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) Holders the Noteholders of at least 25% in aggregate principal amount of the then then-outstanding Notes Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder Noteholder or Holders Noteholders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period, Holders period the Noteholders of a majority in aggregate principal amount of the then then-outstanding Notes Securities do not give the Trustee a direction inconsistent with such the request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 6 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Tel Save Holdings Inc)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a written direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 6 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Third Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default has occurred and is continuingContinuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 6 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1a) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2b) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 6 contracts

Samples: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (SunCoke Energy, Inc.)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder gives to of a Note must give the Trustee written notice that an Event of Default is continuinghas occurred and remains uncured; (2) the Holders of at least 25% a majority in aggregate principal amount of the then all outstanding Notes must make a written request that the Trustee take action because of the Default, and must offer reasonable indemnity to the Trustee to pursue against the remedycost and other liabilities of taking that action; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does must have not comply with the request within taken action for 60 days after receipt of the request notice and the offer of security or indemnity; and (54) during such 60-day period, the Holders of at least a majority in aggregate principal amount of the then all outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 6 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc), Indenture (Ventas Inc)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of at least a majority in aggregate principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with such request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 6 contracts

Samples: Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder of a Note gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a written direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Supplemental Indenture (Cca Properties of America LLC), Indenture (Corrections Corp of America), Indenture (Corrections Corp of America)

Limitation on Suits. A Holder Noteholder may pursue a remedy with respect to this Indenture or the Notes Securities only if: (1a) such Holder the Noteholder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) Holders the Noteholders of at least 25% in aggregate principal amount of the then outstanding Notes Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder Noteholder or Holders Noteholders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period, Holders period the Noteholders of a majority in aggregate principal amount of the then outstanding Notes Securities do not give the Trustee a direction inconsistent with such the request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 5 contracts

Samples: Indenture (HMT Technology Corp), Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2b) Holders of at least 25% in aggregate principal amount of the then outstanding Outstanding Notes make a written request to the Trustee to pursue the remedyremedy as Trustee; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with such request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Ciena Corp), Indenture (Ciena Corp), Indenture (Prospect Capital Corp)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Supplemental Indenture (Massey Energy Co), Supplemental Indenture (Alpha Natural Resources, Inc.), Indenture (Vanguard Health Systems Inc)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to have offered the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy LLC)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2b) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the such written request within 60 days after receipt of the such request and the offer of security or indemnity; and (5e) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to have offered the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense it may incur; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Second Supplemental Indenture (NRG Energy, Inc.)

Limitation on Suits. (a) A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. . (b) A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Moog Inc), Indenture (Cablevision Systems Corp /Ny), Indenture (Cablevision Systems Corp /Ny)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives has previously given to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make have made a written request to the Trustee to pursue the remedyremedy in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders offer and, if requested, provide have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense to be Incurred in compliance with such request; (4) the Trustee does has not comply complied with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) the Holders of a majority in principal amount of the Notes have not given the Trustee a direction inconsistent with the request 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 request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 5 contracts

Samples: Indenture (Paragon Trade Brands Inc), Indenture (Galey & Lord Inc), Indenture (Prime Succession Holdings Inc)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedyremedy with respect to the Notes; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Axiall Corp/De/), Indenture (Axiall Corp/De/), Indenture (Georgia Gulf Corp /De/)

Limitation on Suits. A Subject to Section 6.07 hereof, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then outstanding Notes make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to of the Notes have offered the Trustee security or indemnity reasonably satisfactory to the Trustee it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period, the Holders of at least a majority in aggregate principal amount of the then outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Energy Future Intermediate Holding CO LLC), Indenture (EFIH Finance Inc.), Indenture (Energy Future Intermediate Holding CO LLC)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holder or Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, and provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer and the provision of security or indemnity; and (5) during such 6045-day period, period the Holder or Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with such the request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a Notesuch other Noteholder.

Appears in 5 contracts

Samples: Indenture (Casella Waste Systems Inc), Indenture (Northern Sanitation Inc), Indenture (Casella Waste Systems Inc)

Limitation on Suits. A Subject to Section 6.07 hereof, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then total outstanding Notes make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to of the Notes have offered the Trustee pre-funding, security or indemnity reasonably satisfactory to the Trustee it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of pre-funding, security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then total outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 5 contracts

Samples: Indenture (Belden Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingor the Trustee receives such notice from the Company; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 4 contracts

Samples: Indenture (Prime Hospitality Corp), Indenture (Meristar Hospitality Corp), Indenture (Capstar Hotel Co)

Limitation on Suits. A Holder Except to enforce the right to receive payment of principal or interest when due, no Noteholder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the then Notes outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 30 days after receipt of the request thereof and the offer of security or indemnity; and (5) during such 6030-day period, period the Holders of a majority in of the aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which is inconsistent with such the request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 4 contracts

Samples: Indenture (Magellan Health Services Inc), Indenture (Ibasis Inc), Indenture (Magellan Health Services Inc)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifSecurities unless: (1a) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in aggregate principal amount of the then Notes at the time outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide offered to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) during such 60-day period, the Holders of a majority in aggregate principal amount of the then Notes at the time outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another any other Holder of a Note or to obtain a preference or priority over another Holder of a Noteany other Holder.

Appears in 4 contracts

Samples: Indenture (CTS Corp), Indenture (Comtech Telecommunications Corp /De/), Indenture (Willbros Group Inc)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder of a Note gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity, if requested; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Stratosphere Leasing, LLC), Indenture (NRG Energy Inc), Indenture (American Real Estate Partners L P)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder of a Note gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount at maturity of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Barneys New York Inc), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1a) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in aggregate principal amount of the then Notes at the time outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) during such 60-day period, the Holders of a majority in aggregate principal amount of the then Notes at the time outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note any other Noteholder or to obtain a preference or priority over another Holder of a Noteany other Noteholder.

Appears in 4 contracts

Samples: Indenture (PRG Schultz International Inc), Indenture (PRG Schultz International Inc), Indenture (PRG Schultz International Inc)

Limitation on Suits. A Subject to Section 6.07 hereof, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then total outstanding Notes make a written request to have requested the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to of the Notes have offered the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then total outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Domus Holdings Corp), Indenture (Domus Holdings Corp), Indenture (Realogy Corp)

Limitation on Suits. A Holder of a Note may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee indemnity and security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer provision of security or indemnityindemnity and security; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP)

Limitation on Suits. (a) A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. . (b) A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Caleres Inc), Indenture (Brown Shoe Co Inc), Indenture (Bon Ton Stores Inc)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 2530% in aggregate principal amount of the then outstanding Notes of such Series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to have offered the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense it may incur; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes of such Series do not give the Trustee a direction inconsistent with such request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then then-outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes do not give the Trustee a direction inconsistent with such request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Tesoro Logistics Northwest Pipeline LLC), Indenture (Tesoro Logistics Lp), Indenture (Tesoro Logistics Lp)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives has previously given to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note. The Trustee will have no duty to determine whether any Holder’s use of this Indenture complies with the preceding sentence.

Appears in 4 contracts

Samples: Indenture (Archrock, Inc.), Indenture (Kodiak Gas Services, Inc.), Indenture (Archrock, Inc.)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.), Indenture (CyrusOne Inc.)

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

Appears in 4 contracts

Samples: Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holder or Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, and provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 45 days after receipt of the request and the offer and the provision of security or indemnity; and (5) during such 6045-day period, period the Holder or Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Notesuch other Holder.

Appears in 4 contracts

Samples: Indenture (Warner Music Group Corp.), Indenture (LCE AcquisitionSub, Inc.), Indenture (Houghton Mifflin Finance, Inc.)

Limitation on Suits. A Holder of Notes may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Sunoco LP)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 3 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives has previously given to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteNote or holder of other Priority Lien Debt.

Appears in 3 contracts

Samples: Indenture (Unisys Corp), Indenture (Unisys Corp), Indenture (Unisys Corp)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 3 contracts

Samples: Indenture (Bell Powersports, Inc.), Indenture (American Achievement Corp), Indenture (Amscan Holdings Inc)

Limitation on Suits. A Subject to Section 6.07, a Holder may not pursue a any remedy with respect to this Indenture or the Notes only if: unless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuing; Default; (2) the Holders of at least 2525.0% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; ; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability liability, loss or expense; ; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer provision of security or indemnity; and and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then then-outstanding Notes do not give the Trustee a written direction that is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 3 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder Holder. Holders of a Notethe Notes may not enforce this Indenture or the Notes except as provided in this Indenture.

Appears in 3 contracts

Samples: Indenture (Df Special Holdings Corp), Indenture (Delta Financial Corp), Indenture (Matrix Capital Corp /Co/)

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Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedyremedy as Trustee; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 3 contracts

Samples: Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% a majority in aggregate principal amount of the then Notes at the time outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then Notes at the time outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note any other Noteholder or to obtain a preference or priority over another Holder of a Noteany other Noteholder.

Appears in 3 contracts

Samples: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)

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

Appears in 3 contracts

Samples: Indenture (Swift Transportation Co), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such the Holder gives to the Trustee previous written notice stating that an Event of Default is continuing; (2ii) the Holders of at least 25% in aggregate principal amount at maturity of the Notes then outstanding Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee it against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period, the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 3 contracts

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (Usx Corp)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes Securities only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount Principal Amount of the then outstanding Notes Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, to provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 90 days after receipt of the notice, request and the offer of security or indemnity; and (5e) during such 6090-day period, period the Holders of a majority in aggregate principal amount Principal Amount of the then outstanding Notes Securities do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 3 contracts

Samples: Indenture (Home Depot Inc), Indenture (Home Depot Inc), Indenture (Home Depot Inc)

Limitation on Suits. A Holder of a Note may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuing;Default; (2) the Holders of at least 2525.0% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee indemnity and security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense;expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer provision of security or indemnity; indemnity and security; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 3 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 3 contracts

Samples: Indenture (Paramount Resources LTD), Indenture (Paramount Resources LTD), Indenture (Sports Club Co Inc)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such a Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a written direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 3 contracts

Samples: Indenture (Thornburg Mortgage Inc), Indenture (Heritage Property Investment Limited Partnership), Indenture (Fleming Companies Inc /Ok/)

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

Appears in 3 contracts

Samples: Indenture (Energy XXI Gulf Coast, Inc.), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder of a Note gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 2550% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 3 contracts

Samples: Indenture (Usinternetworking Inc), Indenture (Usinternetworking Inc), Indenture (Usinternetworking Inc)

Limitation on Suits. A Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Holder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc)

Limitation on Suits. A Holder Subject to Section 7.7 hereof, a Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate outstanding principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that, in the opinion of the Trustee, is inconsistent with such requestrequest during such 60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 2 contracts

Samples: Indenture (Bunge LTD), Indenture (Bunge LTD)

Limitation on Suits. A Holder of a Note may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 2525.0% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee indemnity and security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer provision of security or indemnityindemnity and security; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)

Limitation on Suits. A Holder Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Noteholder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 2 contracts

Samples: Indenture (Tabletop Holdings Inc), Indenture (Merisant Foreign Holdings I Inc)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such the Holder gives to the Trustee previous written notice stating that an Event of Default is continuing; (2ii) the Holders of at least 25% in aggregate principal amount at maturity of the Notes then outstanding Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period, the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 2 contracts

Samples: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc)

Limitation on Suits. A No Holder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer have offered and, if requested, provide provided to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Limitation on Suits. A Except as provided in Section 6.07 hereof, a Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2) the Holders of at least 25% in aggregate principal amount of the then Notes at the time outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 30 days after receipt of the notice, the request and the offer of security or indemnity; and (5) during such 60-day period, the Holders of a majority in aggregate principal amount of the then Notes at the time outstanding Notes do not give the Trustee a direction inconsistent with the request during such request30-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Noteany other Holder.

Appears in 2 contracts

Samples: Indenture (Nortek Inc), Indenture (Nortek Inc)

Limitation on Suits. A No Holder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives has previously given to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, fee, cost, damage, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)

Limitation on Suits. A Holder (a) Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no holder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders holders of at least 2530% in aggregate principal amount of the then outstanding Notes make a written request to have requested the Trustee in writing to pursue the remedy;, (3ii) such Holder or Holders offer holders have offered and, if requested, provide provided to the Trustee security or indemnity reasonably satisfactory to the Trustee it against any loss, liability or expense;, (4iii) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request and the offer of security or indemnity; , and (5iv) during such 60-day period, Holders the holders of a majority in aggregate principal amount of the then outstanding Notes do have not give given the Trustee a direction inconsistent with such request. request within such 60- day period. (b) A Holder of a Note holder may not use this Indenture to prejudice the rights of another Holder of a Note holder or to obtain a preference or priority over another Holder of a Noteholder.

Appears in 2 contracts

Samples: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of such security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)

Limitation on Suits. A Holder Subject to Section 6.07 below, a Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period, period by the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with such requestoutstanding. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 2 contracts

Samples: Indenture (Cole National Corp /De/), Indenture (Entex Information Services Inc)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 2530% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee indemnity or security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security indemnity or indemnitysecurity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 6030-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Dimac Holdings Inc), Securities Purchase Agreement (DMW Worldwide Inc)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1a) such the Holder gives to the Trustee written notice stating that an Event of Default is continuing; (2b) the Holders of at least 25% in aggregate principal amount of the then Notes at the time outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide offered to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the such notice, request and the offer of security or indemnity; and (5e) during such 60-day period, the Holders of a majority in aggregate principal amount of the then Notes at the time outstanding Notes do not give the Trustee a direction inconsistent with the request during such request60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another any other Holder of a Note or to obtain a preference or priority over another Holder of a Noteany other Holder.

Appears in 2 contracts

Samples: Indenture (Cray Inc), Indenture (Synaptics Inc)

Limitation on Suits. A No Holder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer have offered and, if requested, provide provided to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee it in its sole discretion against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do have not give given the Trustee a direction inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder of a Note gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes an Investment Majority make a written request to the Trustee to pursue the remedy; (3c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes an Investment Majority do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Infinity Inc), Indenture (Infinity Inc)

Limitation on Suits. (a) A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. . (b) A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Ames True Temper, Inc.), Indenture (Ames True Temper, Inc.)

Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default has occurred and is continuingContinuing; (2) Holders of at least 2530% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Limitation on Suits. (a) A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1i) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any losscosts, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5v) during such 60-day period, the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction that is inconsistent with such the request. . (b) A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Hexacomb CORP), Indenture (Hexacomb CORP)

Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (1) such the Holder of a Note gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)

Limitation on Suits. A No Holder may pursue a any remedy hereunder with respect to this Indenture Indenture, the Subsidiary Guarantees or the Notes only ifunless: (1a) such Holder gives to has previously given the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to requested the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to have offered the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do have not give given the Trustee a direction that is inconsistent with such requestrequest within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Endeavor International Corp), Indenture (Endeavour International Corp)

Limitation on Suits. A Holder Subject to Section 6.08 below, a Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holders of at least 25% in aggregate principal amount of the Notes then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, and if requested, requested provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or offer, and, if requested, provision of, indemnity; and (5) during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a no direction inconsistent with such requestwritten request has been given to the Trustee during such 60 day period by the Majority Holders. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a NoteNoteholder.

Appears in 2 contracts

Samples: Indenture (Fairfield Manufacturing Co Inc), Indenture (Oglebay Norton Co /New/)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or and/or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteNote (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such actions or forbearances are unduly prejudicial to such Holders).

Appears in 2 contracts

Samples: Indenture (Patrick Industries Inc), Indenture (American Woodmark Corp)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Mueller Water Products, Inc.), Indenture (Mueller Water Products, Inc.)

Limitation on Suits. A Holder Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense to be incurred in compliance with such request; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or satisfactory indemnity; and (5) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which, in the opinion of the Trustee, is inconsistent with such the request. A Holder of a Note Noteholder may not use this Indenture to prejudice the rights of another Holder of a Note Noteholder or to obtain a preference or priority over another Holder of a Notesuch other Noteholder.

Appears in 2 contracts

Samples: Indenture (Royal Oak Mines Inc), Indenture (Anchor Glass Container Corp /New)

Limitation on Suits. A Holder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2) the Holder or Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, and provide to the Trustee indemnity or security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense satisfactory to the Trustee; (4) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer of security or indemnityindemnity and security; and (5) during such 6030-day period, period the Holder or Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction which is inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Notesuch other Holder.

Appears in 2 contracts

Samples: Indenture (Headwaters Inc), Indenture (Headwaters Inc)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1) such Holder gives to the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note. The Trustee will have no duty to determine whether any Holder’s use of this Indenture complies with the preceding sentence.

Appears in 2 contracts

Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

Limitation on Suits. A No Holder may pursue a any remedy with respect to this Indenture or the Notes only ifunless: (1) such Holder gives to has previously given the Trustee written notice that an Event of Default is continuing; (2) Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer of security or indemnity; and (5) 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 request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, Inc.)

Limitation on Suits. A Holder may pursue a remedy with respect to this Indenture or the Notes only if: (1a) such the Holder gives to the Trustee written notice that an of a continuing Event of Default is continuingDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer and, if requested, provide to the Trustee indemnity or security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security indemnity or indemnitysecurity; and (5e) during such 60-day period, period the Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a NoteHolder.

Appears in 2 contracts

Samples: Indenture (Calumet, Inc. /DE), Indenture (Calumet Specialty Products Partners, L.P.)

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