Right of Trustee to Enforce Payment. Subject to the provisions of Section 6.3, in case the Corporation shall fail to pay to the Trustee, on demand, and when due, the principal of and premium (if any) and interest on all or any Debt Securities then outstanding (including, without limitation, amounts due and payable as the result of a declaration pursuant to Section 6.2), together with any other amounts due hereunder, the Trustee may in its discretion and shall upon the request in writing of the holders of not less than 25% in aggregate principal amount of the Debt Securities then outstanding (or, if such failure to pay relates to an Event of Default that has occurred with respect to only one or more series of Debt Securities, 25% in aggregate principal amount of the outstanding Debt Securities of such series), and upon being indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as Trustee hereunder to obtain or enforce payment of the said principal of and premium (if any) and interest (without possession of any of the Debt Securities or coupons or the production thereof at any trial or proceeding) together with any other amounts due hereunder, by any remedy provided hereunder or by law or equity. Except in accordance with the foregoing provisions of this Section 6.4 and Section 6.12, no holder of any Debt Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any action or proceeding against the Corporation at law or in equity or in bankruptcy or otherwise upon or under or with respect to this Indenture, or for the appointment of a trustee, receiver, receiver and manager, liquidator, custodian or other similar official or for any other remedy hereunder. If the written request and indemnity referred to in this Section 6.4 has been tendered to the Trustee and the Trustee has failed to act within a reasonable time thereafter, any Debt Security holder acting on behalf of himself and all other Debt Security holders shall be entitled to take proceedings in any court of competent jurisdiction such as the Trustee might have taken under this Section 6.4.
Right of Trustee to Enforce Payment. (a) Subject to the provisions of Section 6.3, if the Corporation shall fail to pay to the Trustee, on demand, the principal of and interest on all Convertible Notes then outstanding which shall have been declared by the Trustee to be due and payable pursuant to Section 6.1, together with any other amounts due hereunder, the Trustee may in its discretion and shall upon receipt of a Convertible Noteholders' Request and upon being funded and indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as Trustee hereunder to obtain or enforce payment of the said principal of and interest on all the Convertible Notes then outstanding together with any other amounts due hereunder, by any remedy provided by law either by legal proceedings or otherwise.
Right of Trustee to Enforce Payment. Subject to the provisions of Sections 8.02 and 8.04, in case the Bank shall fail to pay to the Trustee, on demand following a declaration made by the Trustee pursuant to Section 8.01, the principal of and premium, if any, as aforesaid and interest on all the Debentures then outstanding, together with any other amounts due hereunder (including any amounts to be set aside or deposited under Section 8.03), the Trustee may in its discretion and, upon the request in writing of the holders of not less than 25% in principal amount of the Debentures then outstanding and upon being indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, shall proceed in its name as Trustee hereunder to obtain or enforce payment of the said principal of and premium, if any, and interest on all the Debentures then outstanding together with any other amounts due hereunder (including any amounts to be set aside or deposited under Section 8.03), by any remedy provided by law either by legal proceedings or otherwise.
Right of Trustee to Enforce Payment. Subject to the provisions of Section 8.4 and to the provisions of any Extraordinary Resolution that may be passed by the Debentureholders, in case the Bank shall fail to pay to the Trustee, forthwith after the same shall have been declared to be due and payable under Section 8.3 hereof, the principal of and interest on the Debentures then outstanding, together with any other amounts due thereunder, the Trustee may in its discretion and shall upon receipt of a Debentureholders' Request and upon receiving sufficient funds and the indemnity as provided in Subsection 13.2(2), proceed in its name as Trustee hereunder to obtain or enforce payments of the said principal of and interest on all the Debentures then outstanding together with any other amounts due thereunder by such proceedings authorized by this Trust Indenture or by law or equity as the Trustee in such request shall have been directed to take, or if such request contains no such direction, or if the Trustee shall act without such request, then by such proceedings authorized by this Trust Indenture or by suit at law or in equity as the Trustee shall deem expedient.
Right of Trustee to Enforce Payment. Subject to the provisions of Section 6.3, in case the Corporation shall fail to pay to the Trustee, on demand, and when due, the principal of and premium (if any) and interest on all affected Debentures then outstanding, together with any other amounts due hereunder, the Trustee may in its discretion and shall upon the request in writing of the holders of not less than 25% in principal amount of such Debentures then outstanding, and upon being indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as Trustee hereunder to obtain or enforce payment of the said principal of and premium (if any) and interest on all such Debentures then outstanding (without possession of any of the Debentures or coupons or the production thereof at any trial or proceeding) together with any other amounts due hereunder, by any remedy provided by law either by legal proceedings or otherwise.
Right of Trustee to Enforce Payment. SECTION 8.4
