Common use of Remedies; Rights of Bondholders Clause in Contracts

Remedies; Rights of Bondholders. (i) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, and of the Company under the Financing Agreement. (ii) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee shall be directed in writing to exercise by the Requisite Bondholders. (iii) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (ia) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, and of the Company Borrower under the Financing Loan Agreement, the Notes and any additional notes. (iib) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iiic) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (ivd) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (ve) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (i) If an event of default occurs, if and only if directed by Requisite Bondholders, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, and of the Company WLCDC under the Financing AgreementAgreement and the Notes with the consent and direction of the Requisite Bondholders. (ii) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iii) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon. (vi) Notwithstanding subsections (i)—(iv) above, no remedy shall be available against the WLCDC in respect of the Series 2016 Note except to the extent of Sublease Rental Payments available for the payment and credit thereof under the Financing Agreement.

Remedies; Rights of Bondholders. (i) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, of and interest on the Bonds then outstanding, and to enforce any obligations of the Issuer hereunder, and of the Company under the Financing Agreement. (ii) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iii) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (i) If an event Event of default Default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, and of the Company under the Financing Agreement and the Taxpayer Agreement. (ii) Upon the occurrence of an event Event of defaultDefault, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee shall be directed in writing to exercise by the Requisite Bondholders. (iii) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) No delay or omission to exercise any right or power accruing upon any event Event of default Default shall impair any such right or power or shall be construed to be a waiver of any event Event of default Default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v) No waiver of any event Event of default Default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event Event of default Default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (ia) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, and premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, hereunder and of the Company under the Financing Agreement. (iib) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iiic) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (ivd) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (ve) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (ia) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, of and interest on the Bonds then outstanding, and to enforce any obligations of the Issuer hereunder, and of the Company under the Financing Agreement. (iib) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged obligated to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by Counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iiic) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (ivd) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (ve) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (i) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, of and interest on the Bonds then outstanding, and to enforce any obligations of the Issuer City hereunder, and of the Company under the Financing Agreement. (ii) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iii) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (i) If Upon the occurrence of an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity by suit, action, mandamus or other proceeding, in addition to all of the remedies provided under the Mortgage, to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, and to enforce any and compel the performance of the duties and obligations of the Issuer hereunderas herein set forth. In addition, the Trustee may, without notice to the Issuer or the Company, exercise any and all remedies afforded the Issuer under Article VI of the Company under Agreement in its name or the Financing Agreement. (ii) Upon name of the occurrence Issuer without the necessity of joining the Issuer. If an event of default, default shall have occurred and be continuing and if directed in writing requested so to do by the Requisite Bondholders owners of not less than a majority in aggregate principal amount of Bonds then outstanding and indemnified as provided in Section 8.1 1001 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article Section as the Trustee shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iii) . No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) . No delay or omission to exercise any right right, power or power remedy accruing upon any event of default shall impair any such right right, power or power remedy or shall be construed to be a waiver of any such event of default or acquiescence therein, ; and every such right and right, power or remedy may be exercised from time to time and as often as may be deemed expedient. (v) . No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (i1) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, and of the Company Borrower under the Financing Loan Agreement, the Notes and any additional notes. (ii2) Upon the occurrence of an event of default, and if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee Trustee, being advised by counsel, shall be directed deem most expedient in writing to exercise by the Requisite interests of the Bondholders. (iii3) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv4) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v5) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.

Remedies; Rights of Bondholders. (i) If an Upon the occurrence of any event of default occursdefault, the Bond Trustee may pursue any available remedy by including a suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Series 2007A Bonds then outstanding, to enforce any obligations of the Issuer outstanding hereunder, and of the Company under the Financing Agreement. (ii) Upon the occurrence of . If an event of defaultdefault shall have occurred, and if directed in writing it shall have been requested so to do by the Requisite Bondholders holders of not less than twenty-five percent in aggregate principal amount of Series 2007A Bonds then outstanding and if it shall have been indemnified as provided in Section 8.1 hereof, the Bond Trustee shall be obliged obligated to exercise such one or more of the rights and powers conferred by this Article VII as the Bond Trustee shall deem most expedient in the interests of the holders of Series 2007A Bonds; provided, however, that the Bond Trustee shall have the right to decline to comply with any such request if the Bond Trustee shall be directed advised by counsel (who may be its own counsel) that the action so requested may not lawfully be taken or the Bond Trustee in writing good faith shall determine that such action would be unjustly prejudicial to exercise by the Requisite Bondholders. (iii) holders of Series 2007A Bonds not parties to such request. No remedy by the terms of this Bond Indenture conferred upon or reserved to the Bond Trustee (or to the Bondholdersholders of Series 2007A Bonds) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Bond Trustee or to the Bondholders holders of Series 2007A Bonds hereunder or now or hereafter existing at law or in equity or by statute. (iv) . No delay or omission to exercise any right or power accruing upon any default or event of default shall impair any such right or power or shall be construed to be a waiver of any such default or event of default default, or acquiescence therein, ; and every such right and power may be exercised from time to time and as often as may be deemed expedient. (v) . No waiver of any default or event of default hereunder, whether by the Bond Trustee or by the Bondholdersholders of Series 2007A Bonds, shall extend to or shall affect any subsequent default or event of default or shall impair any rights or remedies consequent thereon. In the event that the Bondholders direct the Bond Trustee to take any action under the Bond Indenture or act on behalf of the Bond Trustee or seek to enforce any right of the Bond Trustee, the Bondholders, and each Bondholder shall be subject to the express terms and conditions of the Intercreditor Agreement to the same extent and with the same effect as if the Bond Trustee took such action without direction from the Bondholders or took such action directly itself, as the case may be.

Remedies; Rights of Bondholders. (i) If an event of default occurs, the Trustee may pursue any available remedy by suit at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Bonds then outstanding, to enforce any obligations of the Issuer hereunder, and of the Company under the Financing Agreement. (ii) Upon the occurrence of an event of default, and only if directed in writing so to do by the Requisite Bondholders and indemnified as provided in Section 8.1 hereof, the Trustee shall be obliged to exercise such one or more of the rights and powers conferred by this Article as the Trustee shall be directed in writing to exercise by the Requisite Bondholders. (iii) No remedy by the terms of this Indenture conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. (iv) No delay or omission to exercise any right or power accruing upon any event of default shall impair any such right or power or shall be construed to be a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time as may be deemed expedient. (v) No waiver of any event of default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon.