REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. UPON AN EVENT OF DEFAULT ------------------------
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. SECTION 5.01.
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 35 Section 6.01 Events of Default 35 Section 6.02 Collection of Indebtedness and Suits for Enforcement by Trustee 37 Section 6.03 Application of Funds Collected 38 Section 6.04 Limitation on Suits 39 Section 6.05 Rights and Remedies Cumulative; Delay or Omission not Waiver 39 Section 6.06 Control by Securityholders 40 Section 6.07 Undertaking to Pay Costs 41 Section 6.08 Waiver Of Usury, Stay Or Extension Laws 41 ARTICLE VII. CONCERNING THE TRUSTEE 42 Section 7.01 Certain Duties and Responsibilities of Trustee 42 Section 7.02 Certain Rights of Trustee 43 Section 7.03 Trustee Not Responsible for Recitals or Issuance of Securities 44 Section 7.04 May Hold Securities 44 Section 7.05 Funds Held in Trust 45 Section 7.06 Compensation, Reimbursement and Indemnification 45 Section 7.07 Reliance on Officer’s Certificate 46 Section 7.08 Disqualification; Conflicting Interests 46 Section 7.09 Corporate Trustee Required; Eligibility 46 Section 7.10 Resignation and Removal; Appointment of Successor 46 Section 7.11 Acceptance of Appointment By Successor 48 Section 7.12 Merger, Conversion, Consolidation or Succession to Business 49 Section 7.13 Preferential Collection of Claims Against the Company 49 ARTICLE VIII. CONCERNING THE SECURITYHOLDERS 49 Section 8.01 Evidence of Action by Securityholders 49 Section 8.02 Proof of Execution by Securityholders 50 Section 8.03 Who May be Deemed Owners 50 Section 8.04 Certain Securities Owned by Company Disregarded 50 Section 8.05 Actions Binding on Future Securityholders 51
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 21 Section 6.01 Events of Default 21 Section 6.02 Collection of Indebtedness and Suits for Enforcement by Trustee 22 Section 6.03 Application of Moneys Collected 24 Section 6.04 Limitation on Suits 24 Section 6.05 Rights and Remedies Cumulative; Delay or Omission Not Waiver 25 Section 6.06 Control by Securityholders 25 Section 6.07 Undertaking to Pay Costs 26
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS on Event of Default
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 27 Section 6.01 Events of Default. 27 Section 6.02 Payment of Securities on Default; Suit Therefor. 29 Section 6.03 Application of Money Collected by Trustee. 31 Section 6.04 Proceedings by Securityholders. 32 Section 6.05 Proceedings by Trustee. 32 Section 6.06 Remedies Cumulative and Continuing; Delay or Omission Not Waiver. 32 Section 6.07 Direction of Proceedings and Waiver of Defaults by Majority of Securityholders. 33 Section 6.08 Notice of Defaults. 33 Section 6.09 Undertaking to Pay Costs. 34 Article 7. TRUSTEE 34 Section 7.01 General/Duties of Trustee. 34 Section 7.02 Certain Rights of Trustee. 35 Section 7.03 Individual Rights of Trustee. 36 Section 7.04 Trustee’s Disclaimer. 37 Section 7.05 (Intentionally Omitted.) 37 Section 7.06 Reports by Trustee to Holders. 37 Section 7.07 Compensation and Indemnity. 37 Section 7.08 Replacement of Trustee. 38 Section 7.09 Acceptance of Appointment by Successor. 39 Section 7.10 Successor Trustee by Merger, Etc. 40 Section 7.11 Eligibility. 40 Section 7.12 Money Held in Trust. 40 Article 8. SATISFACTION AND DISCHARGE OF INDENTURE; UNCLAIMED MONEYS 40 Section 8.01 Satisfaction and Discharge of Indenture. 40 Section 8.02 Application by Trustee of Funds Deposited for Payment of Securities. 41 Section 8.03 Repayment of Moneys Held by Paying Agent. 41
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT
(a) Whenever used herein with respect to Securities of a particular series, “Event of Default” means any one or more of the following events which has occurred and is continuing:
(1) default in the payment of any installment of interest upon any of the Securities of that series, as and when the same shall become due and payable, and continuance of such default for a period of 30 days;
(2) default in the payment of the principal of (or premium, if any, on) any of the Securities of that series as and when the same shall become due and payable whether at maturity, upon redemption, pursuant to any sinking fund obligation, by declaration or otherwise, and continuance of such default for a period of 3 Business Days;
(3) failure on the part of the Company duly to observe or perform any other of the covenants or agreements on the part of the Company with respect to that series contained in such Securities or otherwise established with respect to that series of Securities pursuant to Section 2.01 hereof or contained in this Indenture (other than a covenant or agreement which has been expressly included in this Indenture solely for the benefit of one or more series of Securities other than such series) for a period of 90 days after the date on which written notice of such failure, requiring the same to be remedied and stating that such notice is a “Notice of Default” hereunder, shall have been given to the Company by the Trustee, by registered or certified mail, or to the Company and the Trustee by the holders of at least 33% in principal amount of the Securities of that series at the time outstanding;
(4) a decree or order by a court having jurisdiction in the premises shall have been entered adjudging the Company as bankrupt or insolvent, or approving as properly filed a petition seeking liquidation or reorganization of the Company under the Federal Bankruptcy Code or any other similar applicable Federal or State law, and such decree or order shall have continued unvacated and unstayed for a period of 90 consecutive days; or an involuntary case shall be commenced under such Code in respect of the Company and shall continue undismissed for a period of 90 consecutive days or an order for relief in such case shall have been entered; or a decree or order of a court having jurisdiction in the premises shall have been entered for the appointment on the ground of insolvency or bankruptcy of a receiver or custodian or liquidator or trustee or assignee ...
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. Section 4.01 No Event of Default or Rights of Acceleration; Subordination upon Liquidation Event 25 Section 4.02 Trustee May File Proof of Claim 25 Section 4.03 Application of Proceeds 26 Section 4.04 Suits for Enforcement 27 Section 4.05 Restoration of Rights on Abandonment of Proceeding 27 Section 4.06 Limitations on Suits by Securityholders 28 Section 4.07 Unconditional Right of Securityholders to Institute Certain Suits 28 Section 4.08 Powers and Remedies Cumulative; Delay or Omission Not Waiver of Breach 28 Section 4.09 Control by Securityholders 29 Section 4.10 Waiver of Past Breach 29 Section 4.11 Trustee to Give Notice of Breach 29 Section 4.12 Right of Court to Require Filing of Undertaking to Pay Costs 29
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF ACCELERATION
