Common use of Limitations on Suits by Holders Clause in Contracts

Limitations on Suits by Holders. Except as provided in Section 4.7, no Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the Trustee such indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision of indemnity or other security, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such Series, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Certificate shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Indenture Trustee written notice of default an Indenture Event of Default shall then have occurred and of the continuance thereof with respect to such Series of Debt Securitiesbe continuing, (b) as hereinbefore provided, and the Holders of not less than 25% in aggregate principal amount of Outstanding of Debt Securities of such Series Certificates shall have made specific written request to upon the Indenture Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Indenture Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding proceedings and no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, 7.10 hereof; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series each Certificate with every other Holder of Debt Securities of such Series each other Certificate and the Indenture Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder or the Lien of Debt Securities this Indenture or any part of such Series the Trust Indenture Estate or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Certificate shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Indenture Trustee written notice that an Indenture Event of default Default shall then have occurred and of the continuance thereof with respect to such Series of Debt Securitiesbe continuing, (b) as hereinbefore provided, and the Holders of not less than 25% in aggregate principal amount of Outstanding of Debt Securities of such Series Certificates shall have made specific written request to upon the Indenture Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Indenture Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding proceedings and no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, 7.10 hereof; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series each Certificate with every other Holder of Debt Securities of such Series each other Certificate and the Indenture Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder or the Lien of Debt Securities this Indenture or any part of such Series the Trust Indenture Estate or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no Holder No holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders holders of not less than 25% in the aggregate principal amount Outstanding of Debt the Securities of such Series then outstanding shall have made specific a written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding proceedings and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, Trustee; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series every Security with every other Holder of Debt Securities of such Series and the Trustee, Trustee that no one or more Holders holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.66.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7Subject to the right of the Acting Holders under SECTION 7.6 and the rights of the Holders under SECTION 8.7, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless unless: (ai) such Holder previously shall have given to the Trustee written notice of default breach and of the continuance thereof with respect to such Series of Debt Securitiesthereof, as hereinbefore provided; (bii) the Acting Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder trustee hereunder; and (iii) such Holder shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 fifteen (15) days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, SECTION 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6SECTION 8.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided set forth in Section 4.7316(b) of the Trust Indenture Act, no Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default an Event of Default and of the continuance thereof with respect to such Series the Securities of Debt Securitiesthe series, (b) and unless also the Holders of not no less than 25% in aggregate principal amount of the Outstanding of Debt Securities of such Series that series shall have made specific written request to upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided offered to the Trustee such security or indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity security or other securityindemnity, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 6.07; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities every Security of a Series such series with every other Holder of Debt Securities of such Series series and the Trustee, that no one or more Holders of Securities of such series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of the Holders of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityseries.

Limitations on Suits by Holders. Except as provided in Subject to the rights of the Holders under Section 4.78.7, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default breach and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Acting Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 thirty (30) days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, SECTION 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.68.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.09; it being -43- 50 understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the right of the Acting Holders under Section 4.77.6 and the rights of the Holders under Section 8.7, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default breach and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Acting Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 fifteen (15) days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.68.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the rights of the Holders under Section 4.78.7, no Holder of any Debt Securities of any Series Security shall have any right right, by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement, to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless the Majority Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series also shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 thirty (30) days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series every Security with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of the Securities shall have any right in any manner whatever whatsoever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Seriesthe Securities. For the protection and enforcement of the provisions of this Section 4.68.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided set forth in Section 4.7316(b) of the Trust Indenture Act, no Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series the Securities of Debt Securitiesthe series, (b) and unless also the Holders of not no less than 25% in aggregate principal amount of the Outstanding of Debt Securities of such Series that series shall have made specific written request to upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided offered to the Trustee such indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other securityindemnity, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 6.07; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities every Security of a Series such series with every other Holder of Debt Securities of such Series series and the Trustee, that no one or more Holders of Securities of such series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or disturb, prejudice the rights of the Holders of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityseries.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Note shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series the Notes shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder and shall have provided offered to the Trustee such indemnity or other security as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, ; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Note with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Notes shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Notes, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesNotes. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesas hereinbefore provided, (b) and unless also the Holders of not less than 25% in aggregate principal amount of the CVRs then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 809; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVR with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of CVRs shall have any right in any manner whatever by virtue or by availing itself or themselves of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVRs. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 809; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series the Securities of Debt Securitiesthe series, (b) and unless also the Holders of not less than 25% in aggregate principal amount Outstanding of Debt the Securities of such Series that series then outstanding shall have made specific written request to upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other securityindemnity, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 6.06; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities every Security of a Series such series with every other Holder of Debt Securities of such Series series and the Trustee, that no one or more Holders of Securities of such series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of the Holders of any other Holder of Debt Securities of such Series Securities or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Seriesseries. For the protection and enforcement of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.76.2 hereof, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securitieshereunder, unless unless (a) such Holder has previously shall have given written notice to the Trustee written notice of default and a continuing Event of the continuance thereof with respect to such Series of Debt Securities, Default; (b) the Holders of not less than 25% in aggregate principal amount of the Outstanding of Debt Securities of such Series any series shall have made specific written request to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder; (c) such Holder or Holders have provided offered to the Trustee such indemnity or other security as it may require reasonably satisfactory to the Trustee against the any costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (cd) the Trustee for 60 sixty (60) days after its receipt of such notice, request and provision offer of indemnity or other security, shall have has failed to institute any such action, suit or proceeding and proceeding; and (e) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 4.9, during such 60-day period by the Holders of a majority in principal amount of the Securities of any series at the time Outstanding present or represented at a meeting of such Holders at which a quorum is present; it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, intended that no one or more Holders shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Holders, or to obtain or to seek to obtain priority over or preference to over any other such Holder, Holders or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityHolders.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Note shall have any right by virtue of or by availing itself of any provision of this the Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture the Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt SecuritiesIndenture, unless unless: (ai) such Holder has previously shall have given written notice to the Indenture Trustee written notice of default and a continuing Event of the continuance thereof with respect to such Series of Debt Securities, Default; (bii) the Holder or Holders of Notes representing not less than 25% in of the aggregate principal amount of the Outstanding of Debt Securities of such Series Notes shall have made specific written request to the Indenture Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall the Indenture Trustee; (iii) such Holder or Holders have provided offered to the Indenture Trustee such indemnity or other security as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (civ) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and proceedings; and (v) no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, during such 60-day period by the Holder or Holders of Notes representing at least 66 2/3% of the aggregate principal amount of the Notes then Outstanding; it being understood and intended, and being expressly covenanted by every each Holder of Debt Securities of a Series Note with every each other Holder of Debt Securities of such Series a Note and the Indenture Trustee, that no one Holder or more Holders of Notes shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this the Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series any Note, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder of any Note or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all the Holders of Debt Securities of such Seriesthe Notes. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in the Indenture, however, the right of any Holder of any Note, which is absolute and unconditional, to receive payment of the principal of (and premium, if any), and interest on, if any, and Additional Amounts with respect to, if any, such Note, on or after the respective due dates expressed in such Note, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series the Funding Note shall have any right by virtue of or by availing itself of any provision of this the Funding Note Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture the Funding Note Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt SecuritiesFunding Note Indenture, unless unless: (ai) such Holder has previously shall have given written notice to the Funding Note Indenture Trustee written notice of default and a continuing Event of Default; (ii) the Holder or Holders of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of Funding Note representing not less than 25% in aggregate of the outstanding principal amount Outstanding of Debt Securities of such Series the Funding Note shall have made specific written request to the Funding Note Indenture Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall the Funding Note Indenture Trustee; (iii) such Holder or Holders have provided offered to the Funding Note Indenture Trustee such indemnity or other security as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (civ) the Funding Note Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and proceedings; and (v) no direction inconsistent with such written request shall have been given to the Funding Note Indenture Trustee pursuant to Section 4.9, during such 60-day period by the Holder or Holders of the Funding Note representing at least 66 2/3% of the outstanding principal amount of the Funding Note; it being understood and intended, and being expressly covenanted by every each Holder of Debt Securities of a Series the Funding Note with every each other Holder of Debt Securities of such Series the Funding Note and the Funding Note Indenture Trustee, that no one Holder or more Holders of the Funding Note shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this the Funding Note Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series the Funding Note, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder of the Funding Note or to enforce any right under this Indenture or under the Debt Securities of such SeriesFunding Note Indenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all the Holders of Debt Securities of such Seriesthe Funding Note. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Funding Note Indenture Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in the Funding Note Indenture, however, the right of any Holder of the Funding Note, which is absolute and unconditional, to receive payment of the principal of (and premium, if any), and interest on, if any, and Additional Amounts, if any, with respect to the Funding Note, on or after the respective due dates expressed in the Funding Note, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, the Securities or the Guarantees or for the appointment of the Debt Securitiesa trustee, Receiver, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) and unless the Holders of not less than 25% in aggregate principal amount Outstanding of Debt the Securities of such Series then Outstanding shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder trustee hereunder, and shall have provided offered to the Trustee such security or indemnity or other security as it may require against the costslosses, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee Trustee, for 60 days after its receipt of such notice, request and provision offer of indemnity security or other securityindemnity, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 5.9 hereof; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series a Security and the Trustee, that no one or more Holders of any Series shall have any right in any manner whatever whatsoever, by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Indenture, to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Holder, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or under not the Debt Securities rights of any other such SeriesHolder have been unduly prejudiced), except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such the applicable Series. For the protection and enforcement of the provisions of this Section 4.65.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the rights of the Holders under Section 4.78.7, no Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder the Acting Holders previously shall have given to the Trustee Rights Agent written notice of default breach and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Acting Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee Rights Agent to institute such action, suit action or proceeding proceedings in its own name as Trustee rights agent hereunder and shall have provided offered to the Trustee Rights Agent such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and the Rights Agent for thirty (c30) the Trustee for 60 days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee Rights Agent pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVR with every other taker and Holder of Debt Securities of such Series and the TrusteeRights Agent, that no one or more Holders of CVRs shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVRs. For the protection and enforcement of the provisions of this Section 4.68.6, each and every Holder and the Trustee Rights Agent shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the Trustee such indemnity or and/or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision of indemnity or and/or other security, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such Series, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Note shall have any right by virtue of or by availing itself of any provision of this the Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture the Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt SecuritiesIndenture, unless unless: (ai) such Holder has previously shall have given written notice to the Indenture Trustee written notice of default and a continuing Event of the continuance thereof with respect to such Series of Debt Securities, Default; (bii) the Holder or Holders of Notes representing not less than 25% in of the aggregate principal amount of the Outstanding of Debt Securities notes of such Series series shall have made specific written request to the Indenture Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall the Indenture Trustee; (iii) such Holder or Holders have provided offered to the Indenture Trustee such indemnity or other security as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (civ) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and proceedings; and (v) no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, during such 60-day period by the Holder or Holders of Notes representing at least 66?% of the aggregate principal amount of the Notes then Outstanding; it being understood and intended, and being expressly covenanted by every each Holder of Debt Securities of a Series Note with every each other Holder of Debt Securities of such Series a Note and the Indenture Trustee, that no one Holder or more Holders of Notes shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this the Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series any Note, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder of any Note or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all the Holders of Debt Securities of such Seriesthe Notes. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in the Indenture, however, the right of any Holder of any Note, which is absolute and unconditional, to receive payment of the principal of (and 43 premium, if any), and interest on, if any, and Additional Amounts with respect to, if any, such Note, on or after the respective due dates expressed in such Note, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities Note of any Series series or of any Coupon appertaining thereto shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Notes of each affected series then Outstanding of Debt Securities of such Series (treated as a single class) shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder and shall have provided offered to the Trustee such indemnity or other security as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, ; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Note or Coupon with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Notes of any series or Coupons appertaining to such Notes shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other such Holder of Debt Securities of Notes or Coupons appertaining to such Series Notes, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities Notes of the applicable series and Coupons appertaining to such SeriesNotes. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the right of the Majority Holders under Section 4.77.6, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Majority Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 thirty (30) days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Note shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as herein before provided, and unless also the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series the Notes shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder and shall have provided offered to the Trustee such indemnity or other security as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, ; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Note with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Notes shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Notes, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesNotes. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided Subject to Section 5.8 hereof and, in Section 4.7all cases, the terms and conditions of the Common Agreement and the Intercreditor Agreement, no Holder of any Debt Securities of any Series the Note shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Notes to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt SecuritiesNotes, unless (a) such Holder previously shall have given to the Note Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% a majority in aggregate principal amount of the Notes then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Note Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Note Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Note Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Note Trustee pursuant to Section 4.95.10, it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Note with every other taker and Holder of Debt Securities of such Series and the Note Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Notes, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesNotes, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Note Trustee shall be entitled entitled, subject to Section 5.8 hereof, to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series ------------------------------- Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount fifty percent (50%) of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 sixty days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 9.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series PR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesas hereinbefore provided, (b) and unless also the Holders of not less than 25% in aggregate principal amount of the PRs then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 809; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every PR with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of PRs shall have any right in any manner whatever by virtue or by availing itself or themselves of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series PRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesPRs. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount thirty percent of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 sixty days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the right of the Acting Holders under Section 4.77.6 and the rights of the Holders under Section 8.7, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default breach and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than twenty-five percent (25% in aggregate principal amount %) of the Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 fifteen (15) days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.68.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.76.2 hereof, no Holder of any Debt Securities Security of any Series series or any related coupons shall have any right by virtue to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or by availing itself trustee, or for any other remedy hereunder, unless: (a) such Hxxxxx has previously given written notice to the Trustee of any provision a continuing Event of this Indenture or Default with respect to the Debt Securities of such series; (b) the Holders of at least 25% in aggregate principal amount at maturity of the Debt Securities of such Series to institute any suit, action or proceeding in equity or series at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount time Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder; (c) such Holder or Holders have provided offered to the Trustee indemnity satisfactory to such indemnity or other security as it may require Trustee against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (cd) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have has failed to institute any such action, suit or proceeding and proceeding; and (e) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 4.9, during such 60-day period by the Holders of a majority in aggregate principal amount of the Debt Securities of such series at the time Outstanding; it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, intended that no one or more Holders shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder Holders of Debt Securities of such Series the same series, or to obtain or to seek to obtain priority over or preference to over any other such Holder, Holders of Debt Securities of the same series or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all the Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equitysame series.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agree- ment to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred in- curred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intendedintend- ed, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no Holder No holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder holder previously shall have given to the Trustee written notice of default one or more of the Events of Default herein specified with respect to such series of Securities and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders holders of not less than 25% in aggregate principal amount Outstanding of Debt the Securities of such Series series then outstanding, or, in the case of any Event of Default described in clause (d), (e) or (f) of Section 5.1, 25% in aggregate principal amount of all Securities then outstanding, shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have neglected, refused or failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such Series, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series5.9. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesas hereinbefore provided, (b) and unless also the Holders of not less than 25% in aggregate principal amount of the CVRs then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 30 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVR with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of CVRs shall have any right in any manner whatever by virtue or by availing itself or themselves of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVRs. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Note shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series the Notes shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder and shall have provided offered to the Trustee such indemnity or other security as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, ; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Note with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Notes shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Notes, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesNotes. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount fifty percent (50%) of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 sixty days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 9.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount fifty percent (50%) of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 sixty days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder Xxxxxx previously shall have given to the Trustee written notice of default one or more of the Events of Default herein specified with respect to such series of Securities and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount Outstanding of Debt the Securities of such Series series then outstanding, or, in the case of any Event of Default described in clause (d), (e) or (f) of Section 5.1, 25% in aggregate principal amount of all Securities then outstanding, shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have neglected, refused or failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such Series, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series5.9. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no Holder of any Debt Securities of any Series Note shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Notes, to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) and unless also the Holders of not less than 2533% in aggregate principal amount of the Notes then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such security or indemnity or other security satisfactory to the Trustee as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 ninety (90) days after its receipt of such notice, request and provision offer of security or indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, ; it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, intended that no one or more Holders of Notes shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Notes, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityNotes.

Limitations on Suits by Holders. Except as provided in Subject to the right of the Holder Representative and the Majority Holders under Section 4.76.5, no Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action Action at law or proceeding in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default Default or Event of Default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, as hereinbefore provided, (b) the Majority Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 15 days after its receipt of the latter of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 7.9; it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this Indenture or of the Debt Securities CVR Agreement to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Holders, or to obtain or to seek to obtain priority over or preference to over any other of such Holder, Holders or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.67.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the rights of the Holders under Section 4.78.8 hereof, no Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless unless: (ai) such Holder previously shall have given to the CVR Trustee written notice of default breach and of the continuance thereof with respect to thereof, as hereinbefore provided; and (ii) such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series Holder shall have made specific written request offered to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the CVR Trustee such security and/or indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the CVR Trustee for 60 fifteen (15) days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the CVR Trustee pursuant to Section 4.9, 8.10 hereof; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVR with every other taker and Holder of Debt Securities of such Series and the CVR Trustee, that no one or more Holders of CVRs shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVRs. For the protection and enforcement of the provisions of this Section 4.68.7, each and every Holder and the CVR Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Certificate shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Indenture Trustee written notice that an Indenture Event of default Default shall then have occurred and be continuing, as hereinbefore provided, and a Majority in Interest of the continuance thereof with respect to such Series of Debt Securities, (b) the Certificate Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Indenture Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Indenture Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding proceedings and no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, 7.10 hereof; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series each Certificate with every other Holder of Debt Securities of such Series each other Certificate and the Indenture Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder or the Lien of Debt Securities this Indenture or any part of such Series the Trust Indenture Estate or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.75.7, no Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the Trustee such indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision of indemnity or other security, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.95.9, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such Series, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.65.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series ------------------------------- Certificate shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Indenture Trustee written notice of default an Indenture Default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and the Holders of not less than 25% in aggregate principal amount of Outstanding of Debt Securities of such Series Certificates shall have made specific written request to upon the Indenture Trustee to institute such action, suit action or proceeding proceedings in its own name or as Trustee trustee hereunder and shall have provided offered to the Indenture Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding proceedings and no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, 7.10; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series each Certificate with every other Holder of Debt Securities of such Series each other Certificate and the Indenture Trustee, that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder or the Lien of Debt Securities this Indenture or any part of such Series the Indenture Estate or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner provided herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.74.6, no Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision of indemnity or other security, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.94.8, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders Holder shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such Series, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this $NC10 Note and the Capital Securities Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture $NC10 Note or under the Capital Securities Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default non-payment and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% a majority in aggregate principal amount Outstanding of Debt Securities the $NC10 Notes of such Series each affected series then outstanding (treated as a single class) shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, Trustee; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities of a Series every $NC10 Note with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of $NC10 Notes shall have any right in any manner whatever by virtue or by availing itself of any provision of this $NC10 Note or the Capital Securities Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Holder, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture $NC10 Note or under the Debt Capital Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.. FOR VALUE RECEIVED, the undersigned hereby sell(s), assign(s) and transfer(s) unto [PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE] [PLEASE PRINT OR TYPE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE] the within $NC10 NOTE and all rights thereunder, hereby irrevocably constituting and appointing such person attorney to transfer such $NC10 NOTE on the books of the Issuer, with full power of substitution in the premises. Dated:

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series CVI shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesas hereinbefore provided, (b) and unless also the Holders of not less than 25% in aggregate principal amount of the CVIs then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 8.09; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVI with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of CVIs shall have any right in any manner whatever by virtue or by availing itself or themselves of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVIs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVIs. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in in‌ Section 4.76.8, no Holder of any Debt Securities of any Series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount of the Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and thereby, (c) the Trustee Trustee, for 60 days after its receipt of such notice, request and provision of indemnity or other security, shall have failed to institute any such action, suit or proceeding proceeding, and (d) no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.96.10, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, that no one or more Holders Holder shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such SeriesSecurities, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of this Section 4.66.7, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, an action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default an Event of Default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, as hereinbefore provided, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt the Securities of such Series series then Outstanding shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding in its own name as Trustee hereunder and shall have provided offered to the Trustee such security or indemnity satisfactory to it against any loss, liability or other security as it may require against the costsexpense, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of security and indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no (d) the Holders of a majority in principal amount of the outstanding Securities have not given the trustee a direction inconsistent with such written request shall have been given to the Trustee within such 60-day period pursuant to Section 4.9, 6.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series any Security and with the Trustee, that no one or more Holders of Securities of any series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Seriesseries. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder of Securities of any series and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in this Section 4.74.5 and Section 4.6, no Holder of any Debt Securities Bonds of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities Bonds of such Series series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or of the Debt SecuritiesBonds, or for any other remedy hereunder or under the Debt SecuritiesBonds, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series series of Debt SecuritiesBonds, (b) the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities Bonds of such Series series shall have made specific written request to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision of indemnity or other security, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.94.8, it being understood and intended, and being expressly covenanted by every Holder of Debt Securities Bonds of a Series series with every other Holder of Debt Securities Bonds of such Series series and the Trustee, that no one or more Holders Holder shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Bonds to affect, disturb or prejudice the rights of any other Holder of Debt Securities Bonds of such Series series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities Bonds of such Seriesseries, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities Bonds of such Seriesseries. For the protection and enforcement of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the rights of the Holders under Section 4.78.7, no Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder the Acting Holders previously shall have given to the Trustee Rights Agent and the Company written notice of default breach and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Acting Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee Rights Agent to institute such action, suit action or proceeding proceedings in its own name as Trustee rights agent hereunder and shall have provided offered to the Trustee Rights Agent such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and the Rights Agent for thirty (c30) the Trustee for 60 days after its receipt of such notice, notice and request and provision of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee Rights Agent pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVR with every other taker and Holder of Debt Securities of such Series and the TrusteeRights Agent, that no one or more Holders of CVRs shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities CVR Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVRs. For the protection and enforcement of the provisions of this Section 4.68.6, each and every Holder and the Trustee Rights Agent shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided set forth in Section 4.7316(b) of the Trust Indenture Act, no Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series the Securities of Debt Securitiesthe series, (b) and unless also the Holders of not no less than 25% in aggregate principal amount Outstanding of Debt the Securities of such Series that series then outstanding shall have made specific written request to upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided offered to the Trustee such indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other securityindemnity, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 6.06; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities every Security of a Series such series with every other Holder of Debt Securities of such Series series and the Trustee, that no one or more Holders of Securities of such series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or disturb, prejudice the rights of the Holders of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityseries.

Limitations on Suits by Holders. Except as provided set forth in Section 4.7316(b) of the Trust Indenture Act, no Holder of any Debt Securities Security of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of the Debt Securitiesa receiver or trustee, or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default an Event of Default and of the continuance thereof with respect to such Series the Securities of Debt Securitiesthe series, (b) and unless also the Holders of not no less than 25% in aggregate principal amount of the Outstanding of Debt Securities of such Series that series shall have made specific written request to upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have provided offered to the Trustee such security or indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity security or other securityindemnity, shall have failed to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 6.07; it being understood and intended, and being expressly covenanted by every the Holder of Debt Securities every Security of a Series such series with every other Holder of Debt Securities ACTIVE 255643008v.4 of such Series series and the Trustee, that no one or more Holders of Securities of such series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of the Holders of any other Holder of Debt Securities of such Series or to obtain priority over or preference to any other such Holder, or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityseries.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities Note of any Series series shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless unless: (ai) such Holder has previously shall have given written notice to the Indenture Trustee written notice of default and a continuing Event of the continuance thereof with respect to such Series of Debt Securities, Default; (bii) the Holder or Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities the Notes of such Series series then Outstanding shall have made specific written request to the Indenture Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as the Indenture Trustee hereunder and shall have provided offered to the Indenture Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and thereby; (ciii) the Indenture Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and proceedings; and (iv) no direction inconsistent with such written request shall have been given to the Indenture Trustee pursuant to Section 4.9, during such 60-day period by the Holder or Holders of Notes representing at least 66 2/3% of the aggregate principal amount of the Notes of such series then Outstanding; it being understood and intended, and being expressly covenanted by every each Holder of Debt Securities every Note of a Series such series with every each other Holder of Debt Securities any Note of such Series series and the Indenture Trustee, that no one Holder or more Holders of Notes of such series shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities any Note of such Series series, or to obtain or seek to obtain priority over or preference to any other Holder of any Note of such Holder, series or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, ratable and common benefit of all the Holders of Debt Securities the Notes of such Seriesseries. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions in this Indenture, however, the right of any Holder of any Note, which is absolute and unconditional, to receive payment of the principal of (and premium, if any), and interest on, if any, and Additional Amounts with respect to, if any, such Note, on or after the respective due dates expressed in such Note, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series CVR shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesas hereinbefore provided, (b) and unless also the Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series the CVRs then outstanding shall have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, 909; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every CVR with every other taker and Holder of Debt Securities of such Series and the Trustee, that no one or more Holders of CVRs shall have any right in any manner whatever by virtue or by availing itself or themselves of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series CVRs, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesCVRs. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.7, no No Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series Agreement to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee Rights Agent written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount 25 percent of the Securities then Outstanding of Debt Securities of such Series shall have made specific written request to upon the Trustee Rights Agent to institute such action, suit action or proceeding proceedings in its own name as Trustee Rights Agent hereunder and shall have provided offered to the Trustee Rights Agent such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee Rights Agent for 60 sixty days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee Rights Agent pursuant to Section 4.9, 8.9; it being understood and intended, and being expressly covenanted by every the taker and Holder of Debt Securities of a Series every Security with every other taker and Holder of Debt Securities of such Series and the TrusteeRights Agent, that no one or more Holders of Securities shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities Agreement to affecteffect, disturb or prejudice the rights of any other such Holder of Debt Securities of such Series Securities, or to obtain or seek to obtain priority over or preference to any other such Holder, Holder or to enforce any right under this Indenture or under the Debt Securities of such SeriesAgreement, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Debt Securities of such SeriesSecurities. For the protection and enforcement of the provisions of this Section 4.6Section, each and every Holder and the Trustee Rights Agent shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits by Holders. Except as provided in Subject to the rights of the Holders under Section 4.78.7, no Holder of any Debt Securities of any Series Security shall have any right by virtue of or by availing itself of any provision of this Indenture or of the Debt Securities of such Series CVR Agreement to institute any suit, action or proceeding at Law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture CVR Agreement, or for the appointment of the Debt Securitiesa trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or under the Debt Securitieshereunder, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securitiesthereof, (b) as hereinbefore provided, and unless the Majority Holders of not less than 25% in aggregate principal amount Outstanding of Debt Securities of such Series shall also have made specific written request to upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee trustee hereunder and shall have provided offered to the Trustee such reasonable indemnity or other security as it may require against the costs, expenses and liabilities to be incurred therein or thereby and (c) the Trustee for 60 fifteen (15) days after its receipt of such notice, request and provision offer of indemnity or other security, shall have failed to institute any such action, suit action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 4.9, S ection 8.9; it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, intended that no one or more Holders shall have any right in any manner whatever by virtue or by availing itself of any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder of Debt Securities of such Series Holders may obtain or seek to obtain priority over or preference to over any other of such Holder, Holders or to enforce any right under this Indenture or under the Debt Securities of such SeriesCVR Agreement, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Debt Securities of such SeriesHolders. For the protection and enforcement of the provisions of this Section 4.6S ection 8.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law Law or in equity.

Limitations on Suits by Holders. Except as provided in Section 4.76.2 hereof, no Holder of any Debt Securities Security of any Series series or any related coupons shall have any right by virtue to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or by availing itself trustee, or for any other remedy hereunder, unless (a) such Holder has previously given written notice to the Trustee of any provision a continuing Event of this Indenture or Default with respect to the Debt Securities of such series; (b) the Holders of at least 25% in aggregate principal amount at maturity of the Debt Securities of such Series to institute any suit, action or proceeding in equity or series at law upon or under or with respect to this Indenture or of the Debt Securities, or for any other remedy hereunder or under the Debt Securities, unless (a) such Holder previously shall have given to the Trustee written notice of default and of the continuance thereof with respect to such Series of Debt Securities, (b) the Holders of not less than 25% in aggregate principal amount time Outstanding of Debt Securities of such Series shall have made specific written request to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee hereunder and shall hereunder; (c) such Holder or Holders have provided offered to the Trustee indemnity satisfactory to such indemnity or other security as it may require Trustee against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (cd) the Trustee for 60 days after its receipt of such notice, request and provision offer of indemnity or other security, shall have has failed to institute any such action, suit or proceeding and proceeding; and (e) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 4.9, during such 60-day period by the Holders of a majority in aggregate principal amount of the Debt Securities of such series at the time Outstanding; it being understood and intended, and being expressly covenanted by every Holder of Debt Securities of a Series with every other Holder of Debt Securities of such Series and the Trustee, intended that no one or more Holders shall have any right in any manner whatever by virtue of, or by availing itself of of, any provision of this Indenture or of the Debt Securities to affect, disturb or prejudice the rights of any other Holder Holders of Debt Securities of such Series the same series, or to obtain or to seek to obtain priority over or preference to over any other such Holder, Holders of Debt Securities of the same series or to enforce any right under this Indenture or under the Debt Securities of such SeriesIndenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all the Holders of Debt Securities of such Series. For the protection and enforcement of this Section 4.6, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equitysame series.