Preferred Security Holders' Rights. If the Property Trustee fails to enforce its rights under the Debentures after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company to enforce the Property Trustee's rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entity.
Appears in 5 contracts
Samples: Supplemental Indenture (New York Community Bancorp Inc), Supplemental Indenture (New York Community Capital Trust I), Supplemental Indenture (New York Community Bancorp Inc)
Preferred Security Holders' Rights. If Notwithstanding Section 507 of the Indenture, if the Property Trustee fails to enforce its rights under the Debentures after a Declaration or the Subordinated Debentures, any holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, may institute a legal proceeding directly against the Company to enforce the Property Trustee's rights under the Indenture Declaration or the Subordinated Debentures without first instituting any legal proceeding against the Property Trustee or any other person Person or entity.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Northwestern Corp), Supplemental Indenture (Northwestern Capital Financing I), Supplemental Indenture (Northwestern Corp)
Preferred Security Holders' Rights. If the Property Trustee fails to enforce its rights under the Debentures Notes in accordance with Section 507 of the Indenture after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company in accordance with Section 507 of the Indenture to enforce the Property Trustee's rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entityPerson.
Appears in 2 contracts
Samples: First Supplemental Indenture (Public Service Enterprise Group Inc), First Supplemental Indenture (Public Service Electric & Gas Co)
Preferred Security Holders' Rights. If Notwithstanding Section 507 of the Indenture, if the Property Trustee fails to enforce its rights under the Debentures after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company Capital Markets to enforce the Property Trustee's rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entity.
Appears in 2 contracts
Samples: Supplemental Indenture (Nipsco Industries Inc), Supplemental Indenture (Nisource Inc)
Preferred Security Holders' Rights. If Notwithstanding Section 5.6 of the Indenture, if the Property Trustee fails to enforce its rights under the Debentures Subordinated Notes after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company to enforce the Property Trustee's rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entityPerson.
Appears in 2 contracts
Samples: CMS Energy Corp, CMS Energy Corp
Preferred Security Holders' Rights. If the Property Trustee fails to enforce its rights under the Debentures after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company to enforce the Property Trustee's ’s rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entity.
Appears in 1 contract
Samples: New York Community Bancorp Inc
Preferred Security Holders' Rights. If Notwithstanding Section 7.07 of the Indenture, if the Property Trustee fails to enforce its rights under the Debentures Subordinated Notes after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company to enforce the Property Trustee's rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entityPerson.
Appears in 1 contract
Samples: Hfi Trust I
Preferred Security Holders' Rights. If Notwithstanding Section 5.07 ----------------------------------- of the Indenture, if the Property Trustee fails to enforce its rights under the Debentures Notes after a holder of Preferred Securities has made a written request, the holder of Preferred Securities may, to the fullest extent permitted by law, institute a legal proceeding directly against the Company to enforce the Property Trustee's rights under the Indenture without first instituting any legal proceeding against the Property Trustee or any other person or entityPerson.
Appears in 1 contract
