Common use of Limitations on Suits by Note Holders Clause in Contracts

Limitations on Suits by Note Holders. No Note Holder shall have any right to pursue a remedy under this Indenture or any Equipment Note, unless such Note Holder previously shall have given to the Indenture Trustee written notice of an Indenture Default and of the continuance thereof, as hereinbefore provided, and unless also a Majority in Interest of Note Holders shall have made a written request to the Indenture Trustee to pursue such remedy and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby and the Indenture Trustee for 60 days after its receipt of such notice, request and offer of indemnity shall have failed to pursue such remedy and no direction inconsistent with such written request shall have been given to the Indenture Trustee during such 60-day period pursuant to Section 5.02 hereof; it being understood and intended, and being expressly covenanted by each Note Holder and the Indenture Trustee, that no one or more Note Holders shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of any other Note Holder or, except as otherwise provided herein (including, without limitation, Section 2.13), to obtain or seek to obtain priority over or preference to any other such Note Holder or to enforce any right under this Indenture, except in the manner herein provided. For the protection and enforcement of the provisions of this Section 4.10, each and every Note 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 Note Holders. No Note Holder shall have any right to pursue a remedy under this Indenture or any Equipment Note, unless such Note Holder previously shall have given to the Indenture Trustee written notice of an Indenture Default and of the continuance thereof, as hereinbefore provided, and unless also a Majority in Interest of Note Holders shall have made a written request to the Indenture Trustee to pursue such remedy and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby and the Indenture Trustee for 60 days after its receipt of such notice, request and offer of indemnity shall have failed to pursue such remedy and no direction inconsistent with such written request shall have been given to the Indenture Trustee during such 60-day period pursuant to Section 5.02 hereof; it being understood and intended, and being expressly covenanted by each Note Holder and the Indenture Trustee, that no one or more Note Holders shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of any other Note Holder or, except as otherwise provided herein (including, without limitation, Section 2.13), to obtain or seek to obtain priority over or preference to any other such Note Holder or to Trust Indenture enforce any right under this Indenture, except in the manner herein provided. For the protection and enforcement of the provisions of this Section 4.10, each and every Note 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 Note Holders. No Note Holder shall have any right to pursue a remedy under this Indenture or any Equipment Note, unless such Note Holder previously shall have given to the Indenture Trustee written notice of an Indenture Default and of the continuance thereof, as hereinbefore provided, and unless also a Majority in Interest of Note Holders shall have made a written request to the Indenture Trustee to pursue such remedy and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby and the Indenture Trustee for 60 days after its receipt of such notice, request and offer of indemnity shall have failed to pursue such remedy and no direction inconsistent with such written request shall have been given to the Indenture Trustee during such 60-day period pursuant to Section 5.02 hereof; it being understood and intended, and being expressly covenanted by each Note Holder and the Indenture Trustee, that no one or more Note Holders shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of any other Note Holder or, except as otherwise provided herein (including, without limitation, Section 2.13), to obtain or seek to obtain priority over or preference to any other such Note Holder or to enforce any right under this Indenture, except in the manner herein provided. For the protection and enforcement of the provisions of this Section 4.10, each and every Note Holder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.Trust Indenture

Limitations on Suits by Note Holders. No Holder of any Note Holder shall have any right by virtue or by availing of any provision of this Indenture to pursue a remedy institute any action or proceeding at law or in equity or in bankruptcy or otherwise upon or under or with respect to this Indenture or any Equipment such Note, or for the appointment of a trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder or thereunder, unless (a) such Note Holder previously shall have given to the Indenture Trustee written notice of an Indenture Event of Default with respect to Notes and of the continuance thereof, as hereinbefore provided, and unless also (b) the Holders of not less than 25% in aggregate principal amount of the Notes then Outstanding (treated as a Majority in Interest of Note Holders single class) shall have made a written request to upon the Indenture Trustee to pursue institute such remedy action or proceedings in its own name as Trustee hereunder and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby thereby, and (c) the Indenture Trustee for 60 days after its receipt of such notice, request and offer of indemnity shall have failed to pursue institute any such remedy action or proceeding, and (d) no direction inconsistent with such written request shall have been given to the Indenture Trustee during such 60-day period pursuant to Section 5.02 hereof5.13; it being understood and intended, and being expressly covenanted by each the taker and Holder of every Note with every other taker and Holder and the Indenture Trustee, that no one or more Note Holders of Notes shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture Indenture, any Note or the Security Documents to affect, disturb or prejudice the rights of any other Note such taker or Holder orof Notes, except as otherwise provided herein (including, without limitation, Section 2.13), or to obtain or seek to obtain priority over or preference to any other such Note taker or Holder or to enforce any right under this Indenture, any Note or the Security Documents, except in the manner herein providedprovided and for the equal, ratable and common benefit of all Holders of Notes. For the protection and enforcement of the provisions of this Section 4.10Section, each and every Note Holder Securityholder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.