Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. No Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to 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 for the appointment of a trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless such Hxxxxx previously shall have given to the Trustee written notice of default with respect to Securities of such series and of the continuance thereof, as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action or proceedings in its own name as trustee hereunder and shall have offered to the Trustee such indemnity as it may reasonably require against the costs, expenses and liabilities to be incurred therein or thereby and the Trustee for sixty days after its receipt of such notice, request and offer of indemnity shall have failed to institute any such action or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 5.9, it being understood and intended, and being expressly covenanted by the Holder of every Security with every other Holder and 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 of any provision of this Indenture to affect, disturb or prejudice the rights of any other such Holder of Securities, or to obtain or seek to obtain priority over or preference to any other such Holder or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitations on Suits. No Holder Except as provided in Section 6.2(b), no holder of any Security of any series Note issued hereunder shall have any the right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding at law or in equity or in bankruptcy or otherwise upon or under or with respect to this Indentureequity, or for the appointment execution of a trustee, receiver, liquidator, custodian any trust or power granted to the Trustees under this Indenture or any other similar official Credit Document or for any other remedy hereunderunder or upon this Indenture or any other Credit Document, unless such Hxxxxx previously shall have given to (a) the Trustee written notice of default with respect to Securities of such series and of the continuance thereof, as hereinbefore provided, and unless also the Majority Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request Written Request upon the applicable Trustee to exercise the powers hereinbefore granted or to institute such action action, suit or proceedings proceeding in its own name as trustee hereunder and name; (b) such holder or said holders shall have offered to such applicable Trustee the indemnity reasonably satisfactory to it as provided under Section 9.3(f); and (c) such applicable Trustee shall have refused or failed to comply with such indemnity as it may reasonably require against the costs, expenses and liabilities to be incurred therein or thereby and the Trustee Written Request for sixty a period of thirty (30) days after its receipt of such noticeWritten Request shall have been received by it. Such notification, request and request, offer of indemnity shall have failed and refusal or failure are hereby declared, in every case, to institute any such action or proceeding and no direction inconsistent with such written request shall have been given be conditions precedent to the Trustee pursuant to Section 5.9, exercise by any holder of a Note of any remedy hereunder; it being understood and intended, and being expressly covenanted by the Holder of every Security with every other Holder and the Trustee, intended that no one or more Holders holders of Securities of any series Notes shall have any right in any manner whatever by virtue its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of any other such Holder of Securities, or to obtain or seek to obtain priority over or preference to any other such Holder or their action to enforce any right under this IndentureIndenture or any other Credit Document, except in the manner herein provided, and that all judicial proceedings to enforce any provision of this Indenture or any other Credit Document shall be instituted, had and maintained in the manner herein or any other Credit Document provided and for the equal, ratable equal and common proportionate benefit of all Holders of Securities holders of the applicable series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityOutstanding Notes.

Limitations on Suits. No Holder of any Security of any series or any Coupons appertaining thereto shall have any right by virtue or by availing of any provision of this Indenture to institute any action proceeding, judicial or proceeding at law or in equity or in bankruptcy or otherwise upon or under or otherwise, with respect to this Indenture, the Guarantees, the Securities of any series or any Coupons appertaining thereto, or for the appointment of a receiver or trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless unless: (1) such Hxxxxx Holder has previously shall have given written notice to the Trustee written notice of default a continuing Event of Default with respect to the Securities of such series and of the continuance thereof, as hereinbefore provided, and unless also series; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of such series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action or proceedings Event of Default in its own name as trustee hereunder and shall Trustee hereunder; (3) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may reasonably require against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (4) the Trustee for sixty 60 days after its receipt of such notice, request and offer of indemnity shall have has failed to institute any such action or proceeding proceeding; and (5) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 5.9, during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of such series; it being understood and intended, and being expressly covenanted by the Holder of every Security with every other Holder and the Trustee, intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other such Holder Holders or Holders of SecuritiesSecurities of any other series, 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, except in the manner herein provided and for the equal, equal and ratable and common benefit of all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityHolders.

Limitations on Suits. No Holder Except to enforce the rights given under Sections 8.02(a), 8.05 and 8.12, no holder of any Security of any series Bond shall have any right by virtue to institute any suit, action or by availing of any provision proceeding in equity or at law for the enforcement of this Indenture to 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 for the appointment execution of a trustee, receiver, liquidator, custodian any trust thereof or other similar official or for any other remedy hereunder, unless (a) a default has occurred of which the Trustee has been notified as provided in Section 9.05, or of which by such Hxxxxx previously Section it is deemed to have notice, (b) such default shall have given to become an Event of Default and the Trustee written notice holders of default with respect to Securities of such series and of the continuance thereof, as hereinbefore provided, and unless also the Holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Bonds Outstanding shall have made written request upon to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action action, suit or proceedings proceeding in its own name, (c) such holders have provided to the Trustee indemnity as provided in Section 9.01(d), (d) the Trustee for sixty (60) days after such notice shall fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name as trustee hereunder and shall have offered to or in the Trustee such indemnity as it may reasonably require against the costs, expenses and liabilities to be incurred therein or thereby and the Trustee for sixty days after its receipt name of such noticeholders, request and offer of indemnity shall have failed to institute any such action or proceeding and (e) no direction inconsistent with such written request shall have has been given to the Trustee pursuant during such 60 day period by the holders of a majority in aggregate principal amount of Bonds Outstanding, and (f) notice of such action, suit or proceeding is given to Section 5.9, the Trustee; it being understood and intended, and being expressly covenanted by the Holder of every Security with every other Holder and the Trustee, intended that no one or more Holders holders of Securities of any series the Bonds shall have any right in any manner whatever by virtue or by availing of any provision of this Indenture whatsoever to affect, disturb or prejudice the rights of any other such Holder of Securitiesthis Indenture by its, his or to obtain or seek to obtain priority over or preference to any other such Holder their action or to enforce any right under this Indenturehereunder except in the manner herein provided, except and that all proceedings at law or in equity shall be instituted and maintained in the manner herein provided and for the equal, ratable and common equal benefit of the holders of all Holders Bonds Outstanding. The notification, request and offer of Securities indemnity set forth in the preceding paragraph, at the option of the applicable series. For Trustee, shall be conditions precedent to the protection execution of the powers and trusts in this Indenture and to any action or cause of action for the enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law Indenture or in equityfor any other remedy hereunder.

Limitations on Suits. No Holder of any Security of any series or any Coupons appertaining thereto shall have any right by virtue or by availing of any provision of this Indenture to institute any action proceeding, judicial or proceeding at law or in equity or in bankruptcy or otherwise upon or under or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless (1) such Hxxxxx Holder has previously shall have given written notice to the Trustee written notice of default a continuing Event of Default with respect to the Securities of such series and of the continuance thereof, as hereinbefore provided, and unless also series; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of such series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action or proceedings Event of Default in its own name as trustee hereunder and shall Trustee hereunder; (3) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may reasonably require against the costs, expenses and liabilities to be incurred therein or thereby and in compliance with such request; (4) the Trustee for sixty 60 days after its receipt of such notice, request and offer of indemnity shall have has failed to institute any such action or proceeding proceeding; and (5) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 5.9, during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of such series; it being understood and intended, and being expressly covenanted by the Holder of every Security with every other Holder and the Trustee, intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other such Holder Holders or Holders of SecuritiesSecurities of any other series, 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, except in the manner herein provided and for the equal, equal and ratable and common benefit of all such Holders. Section 508. Unconditional Right of Holders to Receive Principal and any Premium, Interest and Additional Amounts. Notwithstanding any other provision in this Indenture, the Holder of Securities any Security or Coupon shall have the right, which is absolute and unconditional, to receive payment of the applicable series. For principal of, any premium and (subject to Sections 305 and 307) interest on, and any Additional Amounts with respect to such Security or payment of such Coupon, as the protection case may be, on the respective Stated Maturity or Maturities therefor specified in such Security or Coupon (or, in the case of redemption, on the Redemption Date or, in the case of repayment at the option of such Holder if provided in or pursuant to this Indenture, on the date such repayment is due) and to institute suit for the enforcement of any such payment, and such right shall not be impaired without the provisions consent of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equityHolder. Section 509.

Limitations on Suits. No Holder of any Security of any series Except to enforce the rights given ------------ -------------------- under Section 1008, no Bondholders shall have any right by virtue or by availing of any provision of this Indenture to institute any action action, suit or proceeding at law or in equity or in bankruptcy or otherwise upon or under or with respect to for the enforcement of this Indenture, or for the appointment unless (i) an Event of a trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless such Hxxxxx previously shall have given to Default has occurred and is continuing of which the Trustee written notice has been notified as provided in Section 1101(h), or of default with respect which by such Section it is deemed to Securities of such series and of have notice, (ii) the continuance thereof, as hereinbefore provided, and unless also the Holders registered owners of not less than 25% in aggregate principal amount of the Securities of such series Bonds then Outstanding shall have made written request upon to the Trustee and offered it reasonable opportunity either to proceed to exercise the powers granted to it or to institute such action action, suit or proceedings proceeding in its own name as trustee hereunder and shall name, (iii) the Bondholders have offered to the Trustee such indemnity as it may reasonably require against the costsprovided in Section 1101(l), expenses and liabilities to be incurred therein or thereby and (iv) the Trustee has for sixty thirty (30) days after its receipt of such noticenotice failed or refused to exercise the powers hereinbefore granted, request and offer of indemnity shall have failed or to institute any such action action, suit or proceeding and proceeding, (v) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 5.9, it being understood and intendedduring such thirty (30) day period by the registered owners of a majority in aggregate principal amount of Bonds then outstanding, and being expressly covenanted by the Holder (vi) notice of every Security with every other Holder and such action, suit or proceeding is given to the Trustee, . It is intended that no one or more Holders registered owners of Securities of any series the Bonds 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 such Holder of Securities, or to obtain or seek to obtain priority over or preference to any other such Holder this Indenture or to enforce any right under this Indenturehereunder, except in the manner herein provided herein, and for the equal, ratable and common benefit of that all Holders of Securities of the applicable series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either proceedings at law or in equityequity shall be instituted and maintained in the manner provided herein and for the equal benefit of the registered owners of all Bonds then outstanding. The notification, request and offer of indemnity set forth above, at the option of the Trustee, shall be conditions precedent to any action or cause of action for the enforcement of this Indenture or for any other remedy hereunder.

Limitations on Suits. No Holder of any Security of any series or any Coupons appertaining thereto shall have any right by virtue or by availing of any provision of this Indenture to institute any action proceeding, judicial or proceeding at law or in equity or in bankruptcy or otherwise upon or under or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless (1) such Hxxxxx Xxxxxx has previously shall have given written notice to the Trustee written notice of default a continuing Event of Default with respect to the Securities of such series and of the continuance thereof, as hereinbefore provided, and unless also series; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of such series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action or proceedings Event of Default in its own name as trustee hereunder and shall Trustee hereunder; (3) such Holder or Holders have offered to the Trustee such indemnity as or security reasonably satisfactory to it may reasonably require against the losses, damages, costs, expenses and liabilities liabilities, including reasonable attorneys’ fees, costs and expenses and court costs, to be incurred therein or thereby and in compliance with such request; (4) the Trustee for sixty 60 days after its receipt of such notice, request and offer of indemnity shall have has failed to institute any such action or proceeding proceeding; and (5) no direction inconsistent with such written request shall have has been given to the Trustee pursuant to Section 5.9, during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of such series; it being understood and intended, and being expressly covenanted by the Holder of every Security with every other Holder and the Trustee, intended that no one or more of such Holders of Securities of any series shall have any right in any manner whatever by virtue of, or by availing of of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other such Holder Holders or Holders of SecuritiesSecurities of any other series, 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, except in the manner herein provided and for the equal, equal and ratable and common benefit of all such Holders. Section 508. Unconditional Right of Holders to Receive Principal and any Premium, Interest and Additional Amounts. Notwithstanding any other provision in this Indenture, the Holder of Securities any Security or Coupon shall have the right, which is absolute and unconditional, to receive payment of the applicable series. For principal of, and premium, if any, and (subject to Sections 305 and 307) interest, if any, on and any Additional Amounts with respect to such Security or such Coupon, as the protection case may be, on the respective Stated Maturity or Maturities therefor specified in such Security or Coupon (or, in the case of redemption, on the Redemption Date or, in the case of repayment pursuant to Article Thirteen hereof at the option of such Holder if provided in or pursuant to this Indenture, on the date such repayment is due) and, in the case of any Security which is convertible into or exchangeable for other securities or property, to convert or exchange, as the case may be, such Security in accordance with its terms, and to institute suit for the enforcement of any such payment and any such right to convert or exchange, and such right shall not be impaired without the provisions consent of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.Holder. 49