Common use of Proceedings by Holder Clause in Contracts

Proceedings by Holder. No Holder shall have any right by virtue of or by availing of any provision of this Indenture to institute any proceeding at law or in equity upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as hereinbefore provided, and unless also the Holders of not less than 25% in aggregate principal amount of the Debentures then outstanding shall have made written request upon the Trustee to institute such proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable security or indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for sixty (60) days after its receipt of such notice, request and offer of security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 6.7; it being understood and intended, and being expressly covenanted, by the taker and Holder of every Debenture with every other taker and Holder and the Trustee, that no one or more Holders of Debentures shall have any right in any manner whatever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of any other Holder of Debentures, 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 Debentures (except as otherwise provided herein). For the protection and enforcement of this Section 6.4, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of this Indenture and any provision of any Debenture, the right of any Holder of any Debenture to receive payment of the principal of and any interest on such Debenture on or after the respective due dates expressed in such Debenture, or to institute suit for the enforcement of any such payment on or after such respective dates against the Company, shall not be impaired or affected without the consent of such Holder.

Proceedings by Holder. No Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law or in equity upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless such Holder holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as hereinbefore provided, and unless also the Holders holders of not less than 25% in aggregate principal amount of the Debentures Notes then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable security or indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for sixty (60) days after its receipt of such notice, request and offer of security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding and no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 6.77.7; it being understood and intended, and being expressly covenanted, covenanted by the taker and Holder holder of every Debenture Note with every other taker and Holder holder and the Trustee, that no one or more Holders holders of Debentures Notes shall have any right in any manner whatever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of any other Holder holder of DebenturesNotes, or to obtain or seek to obtain priority over or preference to any other such Holderholder, 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 holders of Debentures Notes (except as otherwise provided herein). For the protection and enforcement of this Section 6.47.4, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of in this Indenture and any provision of any DebentureIndenture, the right of any Holder of any Debenture Note shall have the right, which is absolute and unconditional, to receive payment of the principal of of, premium, if any, and any interest on such Debenture Note on or after the respective due dates stated maturities expressed in such DebentureNote (or, in the case of redemption or repurchase, on the Redemption Date or Repurchase Date, as the case may be), and to convert such Note in accordance with Article XV, and to institute suit for the enforcement of any such payment on or after and right to convert, and such respective dates against the Company, rights shall not be impaired or affected without the consent of such Holder.

Proceedings by Holder. (a) No Holder holder of any Note shall have any right by virtue of or by availing of reference to any provision of this Indenture to institute any suit, action or proceeding in equity or at law or in equity upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, except in the case of a default in the payment of principal, premium, if any, or interest (including Liquidated Damages, if any, and Additional Interest, if any) on the Notes, unless (a) such Holder holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as hereinbefore provided, and unless also (b) the Holders holders of not less than at least 25% in aggregate principal amount of the Debentures Notes then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable security or indemnity as it may require against the costs, liabilities or expenses and liabilities to be incurred therein or thereby, and (c) the Trustee for sixty (60) 60 days after its receipt of such notice, request and offer of security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding and (d) no direction inconsistent with such written request shall have been given to the Trustee pursuant to Section 6.76.08; it being understood and intended, and being expressly covenanted, covenanted by the taker and Holder holder of every Debenture Note with every other taker and Holder holder and the Trustee, that no one or more Holders holders of Debentures Notes shall have any right in any manner whatever by virtue of or by availing of reference to any provision of this Indenture to affect, disturb or prejudice the rights of any other Holder holder of DebenturesNotes, or to obtain or seek to obtain priority over or preference to any other such Holderholder, 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 holders of Debentures Notes (except as otherwise provided herein). For the protection and enforcement of this Section 6.46.05, each and every Holder holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. . (b) Notwithstanding any other provision of this Indenture and any provision of any DebentureNote, the right of any Holder holder of any Debenture Note to receive payment of the principal of (including the Redemption Price or Fundamental Change Repurchase Price upon redemption or repurchase pursuant to Article III) and any premium, if any, and accrued interest (including Liquidated Damages, if any, and Additional Interest, if any) on such Debenture Note, on or after the respective due dates expressed in such DebentureNote or in the event of redemption or repurchase, or to convert the Notes in accordance with Article XI, or to institute suit for the enforcement of any such payment on or after such respective dates or the enforcement of the right to convert against the Company, Company shall not be impaired or affected without the consent of such Holderholder. (c) Anything contained in this Indenture or the Notes to the contrary notwithstanding, the holder of any Note, without the consent of either the Trustee or the holder of any other Note, in its own behalf and for its own benefit, may enforce, and may institute and maintain any proceeding suitable to enforce, its rights of conversion as provided herein.