Common use of No Other Remedies and Other Terms Clause in Contracts

No Other Remedies and Other Terms. (a) Other than the limited remedies specified in this Article IV, and subject to paragraph (c) below, no remedy against the Company shall be available to the Trustee (acting on behalf of the Holders and Beneficial Owners of the Securities) and to the Holders and Beneficial Owners, whether for the recovery of amounts owing in respect of such Securities or under the Indenture, or in respect of any breach by the Company of any of the Company’s obligations under or in respect of the terms of such Securities or under the Indenture in relation thereto; provided, however, that the Company’s obligations to the Trustee under Section 6.07 of the Base Indenture and the Trustee’s rights to have money collected applied first to pay amounts due to it under such Section pursuant to Section 5.06 of the Base Indenture expressly survive any such Default and are not subject to the subordination provisions of Section 5.01 of this Fifth Supplemental Indenture. (b) In the case of a Default under the Securities, the Trustee shall exercise such of the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. A “Default” shall occur upon (i) the occurrence of a Winding-Up Event that occurs before the Conversion Date or (ii) the occurrence of a Non-Payment Event or (iii) a breach by the Company of a Performance Obligation. For purposes of the Base Indenture, “Event of Default” shall mean “Default” as defined in this Fifth Supplemental Indenture, except that the term “Event of Default” as used in Section 3.05 (c)(ii) of the Base Indenture and Article 8 of the Base Indenture shall mean “Winding-Up Event.”

No Other Remedies and Other Terms. (a) Other than the limited remedies specified in this Article IV‎Article 5, and subject to paragraph (c‎(c) below, no remedy against the Company shall be available to the Trustee (acting on behalf of the Holders and Beneficial Owners of the SecuritiesHolders) and or to the Holders and Beneficial Owners, whether for the recovery of amounts owing in respect of such Securities Contingent Capital Notes or under the Indenture, or in respect of any breach by the Company of any of the Company’s obligations under or in respect of the terms of such Securities Contingent Capital Notes or under the Indenture in relation thereto; provided, however, that the Company’s obligations to the Trustee under under, and the Trustee’s lien provided for in, Section 6.07 of the Base Contingent Convertible Securities Indenture and the Trustee’s rights to have money collected applied first to pay amounts due to it under such Section pursuant to Section 5.06 of the Base Contingent Convertible Securities Indenture shall not be limited or impaired by this Article 5 or otherwise and expressly survive any such Default Enforcement Event and are not subject to the subordination provisions of Section 5.01 ‎Section 6.01 of this Fifth Third Supplemental Indenture. (b) In the case of a Default under the Securities, the Trustee shall exercise such of the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. A “Default” shall occur upon (i) the occurrence of a Winding-Up Event that occurs before the Conversion Date or (ii) the occurrence of a Non-Payment Event or (iii) a breach by the Company of a Performance Obligation. For purposes of the Base Contingent Convertible Securities Indenture, “Event of Default” shall mean an “DefaultEnforcement Event” as defined in this Fifth Third Supplemental Indenture, except that the term “Event of Default” as used in Section 3.05 (c)(ii) of the Base Indenture and Article 8 of the Base Contingent Convertible Securities Indenture shall mean “Winding-Up up or Administration Event” and as used in Article 5.08 of the Contingent Convertible Securities Indenture shall mean “Non-Payment Event”.”

No Other Remedies and Other Terms. (a) Other than the limited remedies specified in this Article IV‎Article 4, and subject to paragraph (c‎(c) below, no remedy against the Company shall be available to the Trustee (acting on behalf of the Holders and Beneficial Owners of the SecuritiesHolders) and or to the Holders and Beneficial Owners, whether for the recovery of amounts owing in respect of such Securities Contingent Capital Notes or under the Indenture, or in respect of any breach by the Company of any of the Company’s obligations under or in respect of the terms of such Securities Contingent Capital Notes or under the Indenture in relation thereto; provided, however, that the Company’s obligations to the Trustee under under, and the Trustee’s lien provided for in, Section 6.07 of the Base Contingent Convertible Securities Indenture and the Trustee’s rights to have money collected applied first to pay amounts due to it under such Section pursuant to Section 5.06 of the Base Contingent Convertible Securities Indenture shall not be limited or impaired by this Article 4 or otherwise and expressly survive any such Default Enforcement Event and are not subject to the subordination provisions of Section ‎Section 5.01 of this Fifth First Supplemental Indenture. (b) In the case of a Default under the Securities, the Trustee shall exercise such of the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. A “Default” shall occur upon (i) the occurrence of a Winding-Up Event that occurs before the Conversion Date or (ii) the occurrence of a Non-Payment Event or (iii) a breach by the Company of a Performance Obligation. For purposes of the Base Contingent Convertible Securities Indenture, “Event of Default” shall mean an “DefaultEnforcement Event” as defined in this Fifth First Supplemental Indenture, except that the term “Event of Default” as used in Section 3.05 (c)(ii) of the Base Indenture and Article 8 of the Base Contingent Convertible Securities Indenture shall mean “Winding-Up up or Administration Event” and as used in Article 5.08 of the Contingent Convertible Securities Indenture shall mean “Non-Payment Event”.”

No Other Remedies and Other Terms. (a) Other than the limited remedies specified in this Article IV‎Article 5, and subject to paragraph (c‎(c) below, no remedy against the Company shall be available to the Trustee (acting on behalf of the Holders and Beneficial Owners of the SecuritiesHolders) and or to the Holders and Beneficial Owners, whether for the recovery of amounts owing in respect of such Securities Contingent Capital Notes or under the Indenture, or in respect of any breach by the Company of any of the Company’s obligations under or in respect of the terms of such Securities Contingent Capital Notes or under the Indenture in relation thereto; provided, however, that the Company’s obligations to the Trustee under under, and the Trustee’s lien provided for in, Section 6.07 of the Base Contingent Convertible Securities Indenture and the Trustee’s rights to have money collected applied first to pay amounts due to it under such Section pursuant to Section 5.06 of the Base Contingent Convertible Securities Indenture shall not be limited or impaired by this Article 5 or otherwise and expressly survive any such Default Enforcement Event and are not subject to the subordination provisions of Section 5.01 ‎Section 6.01 of this Fifth Fourth Supplemental Indenture. (b) In the case of a Default under the Securities, the Trustee shall exercise such of the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. A “Default” shall occur upon (i) the occurrence of a Winding-Up Event that occurs before the Conversion Date or (ii) the occurrence of a Non-Payment Event or (iii) a breach by the Company of a Performance Obligation. For purposes of the Base Contingent Convertible Securities Indenture, “Event of Default” shall mean an “DefaultEnforcement Event” as defined in this Fifth Fourth Supplemental Indenture, except that the term “Event of Default” as used in Section 3.05 (c)(ii) of the Base Indenture and Article 8 of the Base Contingent Convertible Securities Indenture shall mean “Winding-Up up or Administration Event” and as used in Article 5.08 of the Contingent Convertible Securities Indenture shall mean “Non-Payment Event”.”

No Other Remedies and Other Terms. (a) Other than the limited remedies specified in this Article IV, and subject to paragraph (c) below, no remedy against the Company shall be available to the Trustee (acting on behalf of the Holders and Beneficial Owners of the Securities) and to the Holders and Beneficial Owners, whether for the recovery of amounts owing in respect of such Securities or under the Indenture, or in respect of any breach by the Company of any of the Company’s obligations under or in respect of the terms of such Securities or under the Indenture in relation thereto; provided, however, that the Company’s obligations to the Trustee under Section 6.07 of the Base Indenture and the Trustee’s rights to have money collected applied first to pay amounts due to it under such Section pursuant to Section 5.06 of the Base Indenture expressly survive any such Default and are not subject to the subordination provisions of Section 5.01 of this Fifth Fourth Supplemental Indenture. (b) In the case of a Default under the Securities, the Trustee shall exercise such of the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. A “Default” shall occur upon (i) the occurrence of a Winding-Up Event that occurs before the Conversion Date or (ii) the occurrence of a Non-Payment Event or (iii) a breach by the Company of a Performance Obligation. For purposes of the Base Indenture, “Event of Default” shall mean “Default” as defined in this Fifth Fourth Supplemental Indenture, except that the term “Event of Default” as used in Section 3.05 (c)(ii) of the Base Indenture and Article 8 of the Base Indenture shall mean “Winding-Up Event.”