Common use of PROCEEDINGS, ACTION AND INDEMNIFICATION Clause in Contracts

PROCEEDINGS, ACTION AND INDEMNIFICATION. 9.1 The Trustee shall not be bound to take any proceedings mentioned in Condition 10 or any other action in relation to these presents unless respectively directed or requested to do so (a) by an Extraordinary Resolution or (b) in writing by the holders of at least one-quarter in aggregate nominal amount of the Notes then outstanding and in either case then only if it shall be indemnified and/or secured and/or prefunded by the relevant Noteholders and/or Couponholders to its satisfaction against all proceedings, claims and demands to which it may be liable and against all costs, charges, liabilities and expenses which may be incurred by it in connection with such enforcement or appointment, including the cost of its management's time and/or other internal resources, calculated using its normal hourly rates in force from time to time. 9.2 Only the Trustee may enforce the provisions of these presents. No Noteholder or Couponholder shall be entitled to proceed directly against the relevant Issuer or the Guarantor to enforce the performance of any of the provisions of these presents unless the Trustee having become bound as aforesaid to take proceedings (i) fails to do so within a reasonable period or (ii) is unable for any reason to do so, and such failure or inability is continuing.

Appears in 2 contracts

Samples: Twelfth Supplemental Trust Deed, Thirteenth Supplemental Trust Deed

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PROCEEDINGS, ACTION AND INDEMNIFICATION. 9.1 The Trustee shall not be bound to take any action or proceedings mentioned in Condition 10 9 (Events of Default and Enforcement) or any other action in relation to these presents unless respectively directed or requested to do so (a) by an Extraordinary Resolution or (b) in writing by the holders of at least one-quarter in aggregate nominal amount of the Notes then outstanding and in either case then only if it shall be indemnified and/or secured and/or prefunded by the relevant Noteholders and/or Couponholders to its satisfaction against all proceedings, claims and demands Liabilities to which it may be thereby render itself liable and against all costs, charges, liabilities and expenses or which it may be incurred incur by it in connection with such enforcement or appointment, including the cost of its management's time and/or other internal resources, calculated using its normal hourly rates in force from time to timeso doing. 9.2 Only the Trustee may enforce the provisions of these presents. No Noteholder or Couponholder shall be entitled to proceed directly against the relevant Issuer or the any Guarantor to enforce the performance of any of the provisions of these presents unless the Trustee having become bound as aforesaid to take proceedings (i) fails or is unable to do so within a reasonable period or (ii) is unable for any reason to do so, and such the failure or inability is continuing.

Appears in 1 contract

Samples: Supplemental Trust Deed

PROCEEDINGS, ACTION AND INDEMNIFICATION. 9.1 8.1 The Trustee shall not be bound to take any proceedings mentioned in Condition 10 or any other action in relation to these presents unless respectively directed or requested to do so (aA) by an Extraordinary Resolution or (bB) in writing by the holders of at least one-quarter in aggregate nominal principal amount of the Notes then outstanding and in either case then only if it shall be indemnified and/or secured and/or prefunded by the relevant Noteholders and/or Couponholders to its satisfaction against all proceedings, claims and demands to which it may be liable and against all costs, charges, liabilities and expenses to which it may be incurred thereby render itself liable or which it may incur by it in connection with such enforcement or appointmentso doing, including the cost of its management's managements' time and/or other internal resources, calculated using its normal hourly rates in force from time to time. 9.2 8.2 Only the Trustee may enforce the provisions of these presents. No Noteholder or Couponholder shall be entitled to proceed directly against the relevant Issuer or the Guarantor to enforce the performance of any of the provisions of these presents unless the Trustee having become bound as aforesaid to take proceedings (i) fails to do so within a reasonable period or (ii) is unable for any reason to do so, and such failure or inability is continuing.

Appears in 1 contract

Samples: Trust Deed

PROCEEDINGS, ACTION AND INDEMNIFICATION. 9.1 11.1 The Trustee shall not be bound to take any action or proceedings or other steps mentioned in Condition 10 9 (Events of Default and Enforcement) or any other action or steps in relation to these presents unless respectively directed or requested to do so (a) by an Extraordinary Resolution or (b) in writing by the holders of at least one-quarter in aggregate nominal amount of the Notes then outstanding and in either case then only if it shall be indemnified and/or secured and/or prefunded by the relevant Noteholders and/or Couponholders pre-funded to its satisfaction against all proceedings, claims and demands Liabilities to which it may be thereby render itself liable and against all costs, charges, liabilities and expenses or which it may be incurred incur by it in connection with such enforcement or appointment, including the cost of its management's time and/or other internal resources, calculated using its normal hourly rates in force from time to timeso doing. 9.2 11.2 Only the Trustee may enforce the provisions of these presents. No Noteholder or Couponholder shall be entitled to proceed directly against the relevant Issuer or the Guarantor Guarantors (as applicable) or take any of the steps or actions referred to in Condition 9 or Clause 9 or prove in any Winding-Up or Qualifying Procedure of the Issuer to enforce the performance of any of the provisions of these presents unless the Trustee having become bound as aforesaid to take any such action, proceedings (i) or other steps fails to do so within a reasonable period or (ii) is unable for any reason to do so, and such failure or inability is continuing.

Appears in 1 contract

Samples: Trust Deed

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PROCEEDINGS, ACTION AND INDEMNIFICATION. 9.1 The Trustee shall not be bound to take any action or proceedings mentioned in Condition 10 (Events of Default and Enforcement) or any other action in relation to these presents unless respectively directed or requested to do so (a) by an Extraordinary Resolution or (b) in writing by the holders of at least one-quarter in aggregate nominal amount of the Notes then outstanding and in either case then only if it shall be indemnified and/or secured and/or prefunded by the relevant Noteholders and/or Couponholders to its satisfaction against all proceedings, claims and demands Liabilities to which it may be thereby render itself liable and against all costs, charges, liabilities and expenses or which it may be incurred incur by it in connection with such enforcement or appointment, including the cost of its management's time and/or other internal resources, calculated using its normal hourly rates in force from time to timeso doing. 9.2 Only the Trustee may enforce the provisions of these presents. No Noteholder or Couponholder shall be entitled to proceed directly against the relevant Issuer or the any Guarantor to enforce the performance of any of the provisions of these presents unless the Trustee having become bound as aforesaid to take proceedings (i) fails or is unable to do so within a reasonable period or (ii) is unable for any reason to do so, 60 days and such failure or inability is continuing.

Appears in 1 contract

Samples: Supplemental Trust Deed

PROCEEDINGS, ACTION AND INDEMNIFICATION. 9.1 The Trustee shall not be bound to take any action or proceedings mentioned in Condition 10 9 (Events of Default and Enforcement) or any other action in relation to these presents unless respectively directed or requested to do so (a) by an Extraordinary Resolution or (b) in writing by the holders of at least one-quarter in aggregate nominal amount of the Notes then outstanding and in either case then only if it shall be indemnified and/or secured and/or prefunded by the relevant Noteholders and/or Couponholders to its satisfaction against all proceedings, claims and demands Liabilities to which it may be thereby render itself liable and against all costs, charges, liabilities and expenses or which it may be incurred incur by it in connection with such enforcement or appointment, including the cost of its management's time and/or other internal resources, calculated using its normal hourly rates in force from time to time.so doing.β€Œ 9.2 Only the Trustee may enforce the provisions of these presents. No Noteholder or Couponholder shall be entitled to proceed directly against the relevant Issuer or the any Guarantor to enforce the performance of any of the provisions of these presents unless the Trustee having become bound as aforesaid to take proceedings (i) fails or is unable to do so within a reasonable period or (ii) is unable for any reason to do so, and such the failure or inability is continuing.

Appears in 1 contract

Samples: Eighth Supplemental Trust Deed

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