Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. Subject to Section 6.06, a Holder of any series of Securities may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder has given the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in principal amount of such series of Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expenses; (4) The Trustee does not comply with the request within 60 days after receipt of the notice, request and offer of indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60 day period by the Holders of a majority in principal amount of such series of Securities then outstanding.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

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Limitations on Suits. Subject to Section 6.068.07, a Holder of any series of Securities a Security may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder has given gives to the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount of such series of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expensesexpense; (4d) The the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60 60-day period by the Holders of a majority in aggregate principal amount of such series of the Securities then outstanding. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Appears in 2 contracts

Samples: Indenture (Blackboard Inc), Indenture (Blackboard Inc)

Limitations on Suits. Subject to Section 6.0611.07, a Holder of any series of Securities a Security may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder has given gives to the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount of such series of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expensesexpense; (4d) The the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60 60-day period by the Holders of a majority in aggregate principal amount of such series of the Securities then outstanding.

Appears in 2 contracts

Samples: Indenture (Linear Technology Corp /Ca/), Indenture (Linear Technology Corp /Ca/)

Limitations on Suits. Subject to Section 6.06, a Holder of any series of Securities may not pursue any remedy with respect to this Indenture or the Securities unless: (1) the Holder has given the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of such series of the Securities make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expenses; (4) The Trustee does not comply with the request within 60 days after receipt of the notice, request and offer of indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60 day period by the Holders of a majority in aggregate principal amount of such series of the Securities then outstandingOutstanding.

Appears in 1 contract

Samples: Indenture (National Healthcare Corp)

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Limitations on Suits. Subject to Section 6.068.07, a Holder of any series of Securities may not pursue any remedy with respect to this Indenture or the Securities unless: (1a) the Holder has previously given the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount of such series of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expensesexpense; (4d) The the Trustee does not comply with the request within 60 calendar days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60 60-day period by the Holders of a majority in aggregate principal amount of such series of the Securities then outstanding. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over such other Holder.

Appears in 1 contract

Samples: Indenture (Evergreen Energy Inc)

Limitations on Suits. Subject to Section 6.067.07, a Holder of any series of Securities a Security may not pursue any remedy with respect to this First Supplemental Indenture or the Securities unless: (1a) the Holder has given gives to the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount of such series of the then outstanding Securities make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expensesexpense; (4d) The the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60 60-day period by the Holders of a majority in aggregate principal amount of such series of the Securities then outstanding. A Holder may not use this First Supplemental Indenture to prejudice the rights of another Holder or to obtain a preference or priority over such other Holder.

Appears in 1 contract

Samples: First Supplemental Indenture (Radisys Corp)

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