Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if: (a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default; (b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy; (c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (d) 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 indemnity; and (e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 274 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 30 contracts
Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Global Partners Lp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 21 contracts
Samples: Indenture, Senior Indenture (Airgate PCS Inc /De/), Indenture (Foamex International Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnityindemnity or security; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 16 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products 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:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 14 contracts
Samples: Indenture (Dole Food Co Inc), Indenture (Nb Finance Corp), Indenture (Superior Essex Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) 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. 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 8 contracts
Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/)
Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a) the such Holder of a Note gives has previously given to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) 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;
(c) 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;
(d) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and
(e) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the 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 8 contracts
Samples: Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.), Indenture (Parsley Energy, Inc.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period period, the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 8 contracts
Samples: First Supplemental Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) 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. 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 7 contracts
Samples: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee it against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 7 contracts
Samples: Fourth Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 7 contracts
Samples: Indenture (Total Gas & Electricity (PA) Inc), Indenture (MxEnergy Holdings Inc), Indenture (Propex International Holdings II Inc.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture Indenture, the Notes or the Notes Collateral Documents only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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: Indenture (Comdisco Holding Co Inc), Indenture (Comdisco Inc), Indenture (Comdisco Inc)
Limitation on Suits. A Holder holder of a Convertible Note may not pursue a any remedy with respect to this Indenture or the Convertible Notes only ifunless:
(a) the Holder of a Note holder gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders holders of at least 25% in aggregate principal amount of the then outstanding Convertible Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note holder or Holders of Notes holders offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 6030-day period the Holders holders of a majority in aggregate principal amount of the then outstanding Convertible Notes do not give the Trustee a direction inconsistent with the request. A Holder holder of a Convertible Note 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 6 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Indenture (Credence Systems Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 2525 % in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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: Indenture (Finlay Fine Jewelry Corp), Indenture (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount at maturity of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount at maturity of the then outstanding Notes do not give the Trustee a direction inconsistent with 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: Indenture (Sba Communications Corp), Indenture (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a written direction inconsistent with 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: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp), Indenture (Shreveport Capital Corp)
Limitation on Suits. A Holder of Subject to Section 6.07 below, a Note Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) the Holders of at least 25% in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expenseexpense incurred in compliance with such request;
(d4) 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 indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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 (it being understood that the Trustee does not have an affirmative duty to determine whether or not such action or forebearances are unduly prejudicial to such Holders).
Appears in 5 contracts
Samples: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)
Limitation on Suits. A Holder of Subject to Section 6.7 below, a Note Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Senior Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) the Holders of at least 25% in aggregate principal amount of the Senior Notes then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer andoffer, and if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d4) 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 indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount of the Senior Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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 5 contracts
Samples: Indenture (Superior Essex Inc), Indenture (Essex Group Inc), Indenture (Unison Healthcare Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 2530% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with 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: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Indenture (Boyd Acquisition I, LLC)
Limitation on Suits. A Holder of Subject to Section 6.7 below, a Note Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) 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;
(c3) such Holder of a Note or Holders of Notes offer andoffer, and if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d4) 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 indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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 5 contracts
Samples: Indenture (Healthcor Holdings Inc), Indenture (Pierce Leahy Corp), Indenture (Pierce Leahy Corp)
Limitation on Suits. A Holder of Subject to Section 6.7 below, a Note Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Senior Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) the Holders of at least 2551% in aggregate principal amount of the Senior Notes then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer andoffer, and if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d4) 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 indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount of the Senior Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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 5 contracts
Samples: Indenture (Raintree Healthcare Corp), Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 satisfactory indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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: Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC), Indenture (Morris Publishing Group LLC)
Limitation on Suits. A Holder of Subject to Section 6.07 below, a Note Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) the Holders of at least 25% in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense incurred in compliance with such request;
(d4) 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 indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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 5 contracts
Samples: Indenture (Lamar Advertising Co/New), Indenture (Lamar Advertising Co/New), Indenture (Lamar Advertising Co/New)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) the 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;
(c) 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;
(d) the Trustee does not comply with the request within 60 calendar days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and
(e) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with the 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 (Prospect Capital Corp), Indenture (TICC Capital Corp.), Indenture (Prospect Capital Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security and indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 and indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Anc Rental Corp), Indenture (Cott Corp /Cn/), Indenture (Clearview Cinema Group Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
: (a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
; (b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
; (c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
; (d) 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 indemnity; and
and (e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Stater Bros Holdings Inc), Indenture (Holley Performance Products Inc), Indenture (Metal Management Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any losscosts, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (CSK Auto Corp), Indenture (United Musical Instruments Usa Inc), Indenture (Foodmaker Inc /De/)
Limitation on Suits. (a) A Holder of a Note may not pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(ai) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(bii) 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;
(ciii) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security and indemnity satisfactory to the Trustee against any losscosts, liability or expenseexpense that might be incurred by it in connection with the request or direction;
(div) 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 indemnity; and
(ev) 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 that is inconsistent with 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 (Protection One Alarm Monitoring Inc), Indenture (Integrated Alarm Services Group Inc), Indenture (Monitronics International Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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
(e) during such 60-60 day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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.. Back to Contents
Appears in 3 contracts
Samples: Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Holdings, L.P.), Indenture (Atlas America Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request. A Holder of a Note may not use this Indenture or the Collateral Documents 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 (RBX Corp), Indenture (RBX Corp), Indenture (RBX Corp)
Limitation on Suits. A Holder of a Note Notes of either series may pursue a remedy with respect to this Indenture or the Notes of that series only if:
(a1) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault with respect to such series is continuing;
(b2) the Holders of at least 25% in aggregate principal amount of the then outstanding Notes of such series make a written request to the Trustee to pursue the remedy;
(c3) 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;
(d4) 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
(e5) during such 60-day period the 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 the 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 (Targa Resources Partners LP), Indenture (Targa Resources Partners LP), Indenture (Targa Resources Corp.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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, it being understood that the Trustee does not have an affirmative duty to ascertain whether or not a Holder’s actions or forbearances constitute such prejudicial use.
Appears in 3 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Indenture (Cenveo, Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day 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 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 (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability liability, cost, claim, fee or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Akumin Inc.), Restructuring Support Agreement (Akumin Inc.), Indenture (Akumin Inc.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this the Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request. A Holder of a Note may not use this the 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: Tenth Supplemental Indenture (Markwest Energy Partners L P), Eighth Supplemental Indenture (Markwest Energy Partners L P), Fifth Supplemental Indenture (Markwest Energy 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:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense resulting from instituting such proceeding as Trustee;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in aggregate principal amount of the then outstanding Notes do did not give the Trustee a direction inconsistent with 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: Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.), Exchange Agreement (Mercer International Inc.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 2533-1/3% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc), Indenture (Nextwave Personal Communications Inc)
Limitation on Suits. A Holder of Subject to Section 6.7 below, a Note Noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Senior Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) the Holders of at least 2551 % in aggregate principal amount of the Senior Notes then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer andoffer, and if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d4) 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 indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount of the Senior Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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 (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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
(e) during such 60-day period period, the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the requestsuch request 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 (Wynn Las Vegas LLC), Indenture (Wynn Resorts LTD)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) 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;
(c) 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;
(d) 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
(e) 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 the 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 (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Holdings Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Interactive Voice Media (Sacramento) Corp.), Indenture (Six Flags Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Amcraft Building Products Co Inc), Indenture (Amcraft Building Products Co Inc)
Limitation on Suits. A Except to enforce the right to receive payment of principal, premium, if any, or interest, when due, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a1) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b2) 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;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity security or indemnity, satisfactory to the Trustee Trustee, against any loss, liability or expense;
(d4) 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
(e5) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction (which has not been withdrawn) inconsistent with the 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 (Vector Group LTD), Indenture (Vector Group LTD)
Limitation on Suits. A No Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a) the such Holder of a Note gives has previously given to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) 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;
(c) 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;
(d) the Trustee does not comply with the such request within 60 days after receipt of the request and the offer andoffer, or provision if requested, the provision of security or indemnity; and
(e) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the 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 (RSP Permian, Inc.), Indenture (Callon Petroleum Co)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) 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;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expense;
(d4) 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
(e5) during such 60-day period the Holders of a majority in principal aggregate amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture Indenture, the Security Documents or the Notes only if:
(a) the such Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Lbi Media Holdings Inc), Indenture (Lbi Media Holdings Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with 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 (Eott Energy Finance Corp), Indenture (Eott Energy Finance Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) 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. 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 (PPC Publishing Corp), Indenture (Precision Engine Products Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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 a remedy;
(c) such Holder of a Note offers, or Holders of Notes offer and, if requested, provides or provide to the Trustee indemnity satisfactory to the Trustee against any losscosts, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc)
Limitation on Suits. A Subject to Section 7.07, a Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) 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;
(c) 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;
(d) 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
(e) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the 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: Second Supplemental Indenture (Summit Midstream Partners, LP), First Supplemental Indenture (Summit Midstream Partners, LP)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this the Indenture or the Notes only if:
(a) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) the 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;
(c) 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;
(d) the Trustee does not comply with the request within 60 calendar days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and
(e) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with the such request. A Holder of a Note may not use this the 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: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 6030-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Newcor Inc), Indenture (Golden Northwest Aluminum Holding Co)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(ai) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(bii) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(ciii) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(div) 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 indemnity; and
(ev) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Pca Valdosta Corp), Indenture (Southridge Plaza Holdings Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount Principal Amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount Principal Amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)
Limitation on Suits. A Holder of a Note Notes of either series may pursue a remedy with respect to this Indenture or the Notes only if:
(a1) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault with respect to that series is continuing;
(b2) the Holders of at least 2530% in aggregate principal amount of the then outstanding Notes of that series make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity satisfactory to the Trustee in its sole discretion against any loss, liability or expense;
(d4) 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
(e5) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes of that series do not give the Trustee a direction inconsistent with the 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 (Sunoco LP), Indenture (Sunoco LP)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes Note only if:
(ai) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(bii) 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;
(ciii) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(div) 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 indemnity; and
(ev) 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. 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 (Ram Energy Inc/Ok), Indenture (Ram Energy Inc/Ok)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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: Third Supplemental Indenture (Jarden Corp), Exhibit (Check Mart of New Mexico Inc)
Limitation on Suits. (a) A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes or any Subsidiary Guarantees, only if:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense;
(d4) 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 indemnity; and
(e5) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 (Enviva Partners, LP), Indenture (Enviva Partners, LP)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to a Responsible Officer of the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount at maturity of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, and provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer and, if requested, and the provision of indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount at maturity of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request. A Holder 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 1 contract
Samples: Indenture (Kti Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security and indemnity satisfactory to the Trustee against any loss, liability or expenseexpense that might be incurred by it in connection with the request or direction;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Mississippi Band of Choctaw Indians Dba Choctaw RSRT DVLP E)
Limitation on Suits. A Holder of a Note may not pursue a remedy with respect to this Indenture or Indenture, the Notes only ifor, the Note Guarantees unless:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Spectrum Brands, Inc.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 NoteNote or to enforce any right under this Indenture except in the manner herein provided and for the equal and ratable benefit of all Holders.
Appears in 1 contract
Samples: Indenture (Remington Arms Co Inc/)
Limitation on Suits. A Holder of a Note may pursue a remedy in accordance with the Intercreditor Agreement with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Neff Finance Corp.)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount at maturity of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnityindemnity satisfactory to the Trustee; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Cenveo, Inc)
Limitation on Suits. A Holder holder of a Convertible Note may not pursue a any remedy with respect to this Indenture or the Convertible Notes only ifunless:
(a) the Holder of a Note holder gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders holders of at least 25% in aggregate principal amount of the then outstanding Convertible Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note holder or Holders of Notes holders offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders holders of a majority in aggregate principal amount of the then outstanding Convertible Notes do not give the Trustee a direction inconsistent with the request. A Holder holder of a Convertible Note 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 1 contract
Samples: Indenture (Vion Pharmaceuticals Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the -the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Scotts Company)
Limitation on Suits. A Holder of a Note may not pursue a remedy with respect to this Indenture Indenture, the Notes or the Notes only ifNote Guarantees unless:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Rayovac Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture Indenture, the Notes or the Notes Subsidiary Guarantees only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note of, or to obtain a preference or priority over over, another Holder of a Note.
Appears in 1 contract
Samples: Indenture (Riviera Holdings Corp)
Limitation on Suits. A Holder of a 2023 Note may pursue a remedy with respect to this Indenture or the Notes of such series only if:
(a) the Holder of a 2023 Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding 2023 Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a 2023 Note or Holders of 2023 Notes offer and, if requested, provide to the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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
(e) during within such 60-day period the Holders of a majority in principal amount of the then outstanding 2023 Notes do not give the Trustee a direction inconsistent with the request. A Holder of a 2023 Note may not use this the Indenture to prejudice the rights of another Holder of a 2023 Note or to obtain a preference or priority over another Holder of a 2023 Note.
Appears in 1 contract
Limitation on Suits. A Except to enforce the right to receive payment of principal, premium, if any, or interest, when due, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only if:
unless: (a1) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of Default;
Default is continuing; (b2) 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;
; (c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity security or indemnity, satisfactory to the Trustee Trustee, against any loss, liability or expense;
; (d4) 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
and (e5) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction (which has not been withdrawn) inconsistent with the 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 1 contract
Samples: Indenture (Vector Group LTD)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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.. 37
Appears in 1 contract
Samples: Indenture (Apparel Retailers Inc)
Limitation on Suits. A Holder of a Note Noteholder may not pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a) the Holder of a Note gives has previously given to the Trustee written notice of a continuing stating that an Event of DefaultDefault is continuing;
(b) the Holders of at least 25% in 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide have offered to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expenseexpense to be Incurred in compliance with such request;
(d) the Trustee does has not comply complied with the request within 60 days after receipt of the request and the offer and, if requested, the provision of security or indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do have not give given the Trustee a direction inconsistent with the 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 1 contract
Samples: Indenture (Fresh Foods Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) the 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any losscosts, liability or expense;
(d) the Trustee does not comply with the request within 60 calendar days after receipt of the request and the offer and, if requested, the provision of indemnitysecurity or indemnity or both; and
(e) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with the 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 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any losscosts, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Cke Restaurants Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any losscosts, liability or expense;
(d) 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 indemnity; and
(e) during such 60-60 day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Exchange Indenture or the Notes only if:
(ai) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(bii) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(ciii) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(div) 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 indemnity; and
(ev) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request. A Holder of a Note may not use this Exchange 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 1 contract
Limitation on Suits. A Subject to Section 6.07 a Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Saxon Capital 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:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then Relevant Amount of outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) if requested by the Trustee, such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any losscosts, liability or expenseexpense (including the reasonable fees and expenses of its counsel);
(d) 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 indemnity; and
(e) during such 60-day period period, the Holders of a majority in principal amount of the then Relevant Amount of the outstanding Notes do not give the Trustee a direction that is inconsistent with 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 Noteholder.
Appears in 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes Note only if:
(ai) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(bii) 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;
(ciii) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(div) 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 indemnity; and
(ev) during such 60-day period the Holders of a majority 66-2/3% in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Ram Energy Inc/Ok)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Microclock Inc)
Limitation on Suits. A Except to enforce the right to receive payment of principal, premium, if any, or interest, when due, no Holder of a Note may pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a1) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b2) 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;
(c3) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity reasonable security or indemnity, satisfactory to the Trustee Trustee, against any loss, liability or expense;
(d4) 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
(e5) during such 60-day period the period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction (which has not been withdrawn) inconsistent with the 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 1 contract
Samples: Indenture (Vector Group LTD)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
, (a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
, (b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
, (c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
; (d) 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 indemnity; and
, and (e) during such 60-day period period, the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) the Trustee does not comply with the request within 60 days after receipt of the written request and the offer and, if requested, the provision of indemnity; and
(e) 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. 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 1 contract
Samples: Indenture (GPPD Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy institute any proceeding with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in of the aggregate principal amount of the then outstanding Notes make a written request to the Trustee to pursue institute such proceeding as the remedyTrustee;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) the Trustee does not comply with the request fails to institute such proceeding within 60 days after receipt of the request and the offer and, if requested, the provision of indemnity; and
(e) 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. 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.
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Samples: Indenture (Laroche Industries Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. A Holder of Subject to Section 6.07 below, a Note noteholder may not institute any proceeding or pursue a any remedy with respect to this Indenture or the Notes only ifunless:
(a1) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b2) 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;
(c3) such Holder of a Note or Holders of Notes offer and, and if requested, requested provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;
(d4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer offer, and, if requestedrequested provision, the provision of indemnity; and
(e5) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders of a majority in aggregate principal amount at maturity of the Notes then outstanding Notes do not give the Trustee a direction inconsistent with the 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.
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Samples: Indenture (Coaxial LLC)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with the request. A Holder of a Note may not use this Indenture to affect, disturb or prejudice the rights of another Holder of a Note or to obtain a preference or priority over another Holder of a Note.
Appears in 1 contract
Samples: Indenture (Beverly Enterprises Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent incon sistent with 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 1 contract
Samples: Indenture (Pumpkin Air Inc)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) the Trustee does not comply with the request within 60 15 days after receipt of the request and the offer and, if requested, the provision of indemnity; and
(e) during such 6015-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Windsor Woodmont Black Hawk Resort Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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.. 57
Appears in 1 contract
Samples: Indenture (Echostar DBS Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requestedequested, provide to the Trustee indemnity satisfactory to the Trustee against any losscosts, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Dennys Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount at maturity of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) the Trustee does not comply with the request within 60 90 days after receipt of the request and the offer and, if requested, the provision of indemnity; and
(e) during such 6090-day period the Holders of a majority in principal amount at maturity of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. 82 A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Samples: Indenture (Charter Communications Holdings Capital Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) 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;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) 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. A Holder of a Note may not use this Indenture or any of the Collateral Documents 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 1 contract
Samples: Form 8 A
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the such Holder of a Note gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing;
(b) the Holders of at least 25% in principal amount aggregate Original Principal Amount of the then outstanding Outstanding Notes make a written request to the Trustee to pursue the remedyremedy as Trustee;
(c) 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;
(d) 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
(e) during such 60-day period the period, Holders of a majority in principal amount aggregate Original Principal Amount of the then outstanding Outstanding Notes do not give the Trustee a direction inconsistent with the 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 1 contract
Samples: Indenture (Ciena Corp)
Limitation on Suits. A Holder of a Note may pursue a remedy with respect to this Indenture or the Notes only if:
(a) the Holder of a Note gives to the Trustee written notice of a continuing Event of Default;
(b) the Holders of at least 25% in principal amount of the then outstanding Notes make a written request to the Trustee to pursue the remedy;
(c) such Holder of a Note or Holders of Notes offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against any loss, liability or expense;
(d) 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 indemnity; and
(e) during such 60-day period the Holders of a majority in principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with 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 1 contract
