Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. Subject to Section 5.07 hereof, a Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in principal amount of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof, a A Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in aggregate principal amount of the then outstanding Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof, a Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1) the such Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof, a A Holder may not pursue a remedy with respect to this Indenture (including the Guarantees) or Indenture, the Securities only ifor any Guarantee unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in principal amount of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense (including, without limitation, fees and expenses of counsel); (4) the Trustee does not comply with the request within 60 30 days after receipt of the request and the offer of indemnity; and (5) during such 6030-day period the Holders of a majority in principal amount of the then outstanding Securities do not give the Trustee a direction which is inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof, a Holder may pursue a remedy with respect to this the Indenture (including the Guarantees) or the Securities Notes only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default; (2ii) the Holders of at least 25% in principal amount of the Notes then outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities Notes do not give the Trustee a direction inconsistent with the request. A Holder may not use this the Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof5.07, a Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1) the such Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer furnish to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer furnishing of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof, a Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default; (2ii) the Holders of at least 25% in principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 5.07 hereof, a Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default; (2ii) the Holders of at least 25% in principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.. -39-

Limitations on Suits. Subject to Section 5.07 hereof, a Holder may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default; (2ii) the Holders of at least 25% in principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.. -42-

Limitations on Suits. Subject to Section 5.07 6.07 hereof, no Holder of a Holder Note may pursue a any remedy with respect to this Indenture (including the Guarantees) or the Securities only ifNotes unless: (1) the such Holder gives to has previously given the Trustee written notice of a continuing that an Event of DefaultDefault is continuing; (2) the Holders of at least 2530% in principal amount of the then total outstanding Securities make a written request to Notes have requested in writing the Trustee to pursue the remedy; (3) such Holder or Holders offer to of the Notes have offered the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expenseexpense reasonably satisfactory to it; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities do total outstanding Notes have not give given the Trustee a direction inconsistent with the requestsuch written request within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another HolderHolder of a Note.