Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, or for the conversion of the Securities pursuant to Article 4) unless: (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 reasonable security or indemnity to the Trustee against any cost, expenses or liabilities of taking action; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.

Limitations on Suits. (a) A Except as set forth in Section 5.8, a Holder of any Security of any Series or any Coupons appertaining thereto may not pursue any a remedy with respect to this Indenture or the Securities (except actions for payment Security of overdue principal, premium, if any, or interest, including Contingent Interest, or for the conversion of the Securities pursuant to Article 4) unlesssuch Series only if: (1) the such Holder gives to the Trustee written notice of a continuing that an Event of DefaultDefault is continuing with respect to Securities of such Series; (2) the Holders of at least 2525.0% in aggregate principal amount of the then outstanding Outstanding Securities of such Series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against any costloss, expenses damage, liability, cost or liabilities of taking actionexpense, including reasonable attorneys’ fees; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the period, Holders of a majority in aggregate principal amount of the Outstanding Securities then outstanding. (b) No of such Series do not give the Trustee a direction inconsistent with such request. A Holder of a Security shall have any right under any provision of may not use this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security Securities of any other Series or to obtain a preference or priority over another Holder of a SecurityHolder.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture Indenture, the Guarantee or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, interest or for the conversion of the Securities pursuant to Article 4) unless: (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 reasonable security or indemnity acceptable to the Trustee against any costloss, expenses liability or liabilities of taking actionexpense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this Indenture Indenture, the Guarantee or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, interest or for the conversion exchange of the Securities pursuant to Article 4) unless: (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 reasonable security or indemnity to the Trustee against any costloss, expenses liability or liabilities of taking actionexpense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, interest or for the conversion of the Securities pursuant to Article 4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 2525.00% 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 reasonable security or indemnity to the Trustee against any costloss, expenses liability or liabilities of taking actionexpense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, interest or for the conversion of the Securities pursuant to Article 4) unless: (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 reasonable security or indemnity to the Trustee against any costloss, expenses liability or liabilities of taking actionexpense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this the Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, interest or for the conversion of the Securities pursuant to Article 4IV hereof) unless: (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 reasonable security or indemnity to the Trustee against any costloss, expenses liability or liabilities of taking actionexpense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this the Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, interest or for the conversion of the Securities pursuant to Article 4IV) unless: (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 reasonable security or indemnity to the Trustee against any costloss, expenses liability or liabilities of taking actionexpense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or 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 the Securities then outstanding. (b) No Holder of a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder of a Security.