Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (Rockley Photonics Holdings LTD), Rockley Photonics Holdings LTD, Rockley Photonics Holdings LTD
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Repurchase Price) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 upon or under or with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunderwith respect to this Indenture or the Notes, unless:
Appears in 3 contracts
Samples: Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)
Proceedings by Holders. Except to enforce the right to receive payment of principalPrincipal Payments, premium, if any, Interest Payments or any interest Default Interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), d1io3yog0oux5.cloudfront.net
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, or any interest when due, the Redemption Price) or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 2 contracts
Samples: Indenture (Sandridge Energy Inc), Indenture (Integra Energy, L.L.C.)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, principal or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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 herein provided;
Appears in 2 contracts
Samples: NanoString Technologies Inc, NanoString Technologies Inc
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, principal or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note Debenture shall have any right by virtue of or by availing of any provision of this Indenture or the Debentures to institute any suit, action or proceeding in equity or at law 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:
Appears in 2 contracts
Samples: webfiles.thecse.com, sedar-filings-backup.thecse.com
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Repurchase Price) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 2 contracts
Samples: Indenture (Resource Capital Corp.), Indenture (Enernoc Inc)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no No Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, except to enforce the right to receive payment of principal or interest on the Notes (including the Fundamental Change Purchase Price) when due or the right to receive payment or delivery of the consideration due upon conversion of the Notes, unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (GT Advanced Technologies Inc.), GT Advanced Technologies Inc.
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including the Fundamental Change Repurchase Price, if anyapplicable), or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 2 contracts
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Purchase Price) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:
Appears in 1 contract
Samples: Shopify Inc.
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Repurchase Price and the Tax Redemption Price), premium or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 1 contract
Samples: Indenture (Selina Hospitality PLC)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Purchase Price) or any interest interest, when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 1 contract
Samples: Indenture (Tower Group, Inc.)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including the Fundamental Change Repurchase Price, if any, applicable) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:
Appears in 1 contract
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Repurchase Price ) or any interest when due, or the right to receive payment or delivery of the consideration cash due upon conversionexchange, 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 upon or under or with respect to this IndentureIndenture , or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:
Appears in 1 contract
Samples: www.adamsdrafting.com
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Repurchase Price) or any interest when due, or the right to receive payment or delivery of the consideration cash due upon conversionexchange, 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 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:
Appears in 1 contract
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, principal or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 upon or under or with respect to this Indenture, or for the appointment of a receiver, interim receiver, manager, monitor, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:
Appears in 1 contract
Samples: Indenture (Nextnav Inc.)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 1 contract
Samples: Supplemental Indenture (Rockley Photonics Holdings LTD)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, principal (including the Fundamental Change Repurchase Price) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:
Appears in 1 contract
Samples: Supplemental Indenture (Cobalt International Energy, Inc.)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Redemption Price) or any interest when due, or the right to receive payment or and/or delivery of the consideration due upon conversion, 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 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:
Appears in 1 contract
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Purchase Price) or any interest when due, or the right to receive payment or and/or delivery of the consideration due upon conversion, 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 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:
Appears in 1 contract
Samples: Indenture (FXCM Inc.)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premium, if any, principal or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, 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 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:
Appears in 1 contract
Samples: Indenture (Avis Budget Group, Inc.)
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Fundamental Change Repurchase Price) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:
Appears in 1 contract
Proceedings by Holders. Except to enforce the right to receive payment of principal, premiumprincipal (including, if anyapplicable, the Redemption Price and the Fundamental Change Repurchase Price) or any interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law 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:30
Appears in 1 contract
Samples: Neogenomics Inc