Common use of Rights and Remedies of Bondholders Clause in Contracts

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.

Appears in 4 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

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Rights and Remedies of Bondholders. No holder Owner of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which a Responsible Officer of the Trustee has actual knowledge or has been notified as provided in subsection (g) of Section 8.110.01 hereof, or of which by said subsection it is deemed to have notice, nor unless also (ii) such default shall have become an event Event of default Default hereunder and be continuing and shall not be subject to control by the holders Bank or the Bond Insurer under Section 9.03, (iii) the Owners of all more than a majority in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity Trustee, either to proceed to exercise the powers hereinbefore herein granted or to institute such action, suit or proceeding in its own name, nor unless also they and shall have offered to the Trustee indemnity as provided in Section 8.1 hereof10.01(i), nor unless and (iv) the Trustee shall thereafter for sixty (60) days after such notice, request and offer of indemnity fail or refuse to exercise the powers hereinbefore herein granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no . No one or more holders of the Bonds Bondholders shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Owners of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the Issuer to pay the principal of and premium, if any, and interest on each of any Bond at and after the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressedmaturity thereof.

Appears in 3 contracts

Samples: Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1. , or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 8.1. hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) a default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have notice, nor unless also (b) such default shall have become an event Event of default Default and the holders of all not less than 25% in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they (c) such holders have offered to the Trustee security and/or indemnity as provided in Section 8.1 9.01(l) hereof, nor unless and (d) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such within a reasonable time; and such notification, request and offer of security and/or indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders of all Bonds then outstandingOutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, time and place, from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 3 contracts

Samples: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Mississippi Inc)

Rights and Remedies of Bondholders. No holder Bondholder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders Bondholders of all Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders Bondholders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders Bondholders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders Bondholders thereof at the time, place, from the source and in the manner in said Xxxxx expressed. Any rights and remedies of Bondholders pursuant to this Section 7.7 are expressly limited as set forth in Section 7.3(vi) above.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Requisite Bondholders shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx Bonds expressed.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this the Indenture or for the execution of any trust thereof under the Indenture or for the appointment to the extent permitted by law of a receiver or any other remedy hereunder, unless an Event of Default under Section 601(A) through (H) hereof has occurred or a default under Section 601(I) hereof has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, 614 hereof; nor unless also (A) such default, in the case of a default under Section 601(I), shall have become an event Event of default Default, and (B) the holders of all at least twenty-five percent (25%) in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, ; nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 701(I) hereof, ; nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such proceeding; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this the Indenture, and to any action or cause of action for the enforcement of this the Indenture, or for the appointment to the extent permitted by law of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb disturb, or prejudice the lien Lien of this the Indenture by its, his or their any action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstandingOutstanding. Nothing in this the Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof thereof, at the time, place, time and place and from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 2 contracts

Samples: Trust Indenture (Mechanical Technology Inc), Trust Indenture (Plug Power Inc)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.111.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all a majority in aggregate principal amount of Bonds then outstanding hereunder shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee satisfactory indemnity as provided in Section 8.1 hereof11.1, nor unless also the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every such case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, Indenture or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had held and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstandingoutstanding hereunder. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder Bondholders to enforce the covenants payment of the principal of and interest on any Bonds at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source time and in the manner place in said Xxxxx Bonds expressed.

Appears in 2 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.111.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all a majority in aggregate principal amount of Bonds then outstanding hereunder shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee satisfactory indemnity as provided in Section 8.1 hereof11.1, nor unless also the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every such case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, Indenture or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had held and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstandingoutstanding hereunder. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder Bondholders to enforce the covenants payment of the Issuer principal of and interest on any Bonds at and after the maturity thereof, or the obligation of the Authority to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source time and in the manner place in said Xxxxx Bonds expressed.

Appears in 2 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Requisite Bondholders shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.

Appears in 2 contracts

Samples: Financing Agreement, Financing Agreement

Rights and Remedies of Bondholders. No holder Owner of any Bond shall have any right to institute any suit, action or proceeding at law or in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or of any other remedy hereunder, unless (i) a default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have received notice, nor unless also (ii) such default shall have become an event Event of default Default and the holders Owners of all not less than 25% of the Bonds then outstanding Outstanding shall have made written request notice to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its their own namename or names, nor unless also (iii) they have offered to the Trustee indemnity as provided in Section 8.1 9.01(l) hereof, nor unless and (iv) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders Owners of the Bonds shall shall, solely by virtue of being such Owner, have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of to the holders Owners of all Bonds then outstanding. Nothing However, nothing contained in this Indenture contained shall, however, shall affect or impair the right of any Bondholder Owners to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders Owners thereof at the time, place, from the source sources and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder of any Series 2007A Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Bond Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and default, (ii) the holders of all twenty-five percent in aggregate principal amount of Series 2007A Bonds then outstanding shall have made written request to the Bond Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor and unless also they have offered to the Bond Trustee indemnity as provided in Section 8.1 hereof8.1, nor and (iii) unless the Bond Trustee shall thereafter fail or refuse to exercise the powers power hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Bond Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, Bond Indenture and to any action or cause of action for the enforcement of this Bond Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Series 2007A Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Bond Indenture by its, his or their any action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Series 2007A Bonds then outstanding. Nothing in this Bond Indenture contained shall, however, affect or impair the right of any Bondholder holder to enforce the covenants payment of the principal of and interest on any Series 2007A Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Series 2007A Bonds issued hereunder to the respective holders thereof at the time, time and place, from the source and in the manner in said Xxxxx Series 2007A Bonds expressed.

Appears in 1 contract

Samples: Bond Trust Indenture (Advanced BioEnergy, LLC)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have notice, nor unless also (ii) such default shall have become an event of default and the holders of all not less than 25% in aggregate principal amount of Bonds then outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they (iii) such holders have offered to the Trustee indemnity as provided in Section 8.1 9.01(l) hereof, nor unless and (iv) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, time and place, from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture (Gulf Power Co)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Requisite Bondholders shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer City to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) a default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have notice, nor unless also (b) such default shall have become an event of default and the holders of all not less than 25% in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they (c) such holders have offered to the Trustee indemnity as provided in Section 8.1 9.01(l) hereof, nor unless and (d) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders of all Bonds then outstandingOutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, time and place, from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Rights and Remedies of Bondholders. No holder of any Bond or coupon shall have any right to institute any suit, action or proceeding in equity or of at law for the enforcement of this Indenture or hereof, for the execution of any trust thereof hereof or for the appointment of a receiver or to enforce any other right or remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.11101, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all twenty-five per centum (25%) in principal amount of Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they such bondholders have offered to the Trustee indemnity as provided in Section 8.1 hereof1101, nor unless also the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or namesname. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenturehereof, and to any action or cause of action for the enforcement of this Indenturehereof, or for the appointment of a receiver or for any other right or remedy hereunder; , it being understood and intended that no one or more holders of the Bonds or coupons shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture hereof by its, his or their its action or to enforce any right or remedy hereunder except in the manner herein provided, and that all proceedings at law or in equity ecruitv shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstandingBonds. Nothing in this Indenture herein contained shall, however, affect or impair the right of any Bondholder bondholder to enforce the covenants payment of the Issuer principal of and the interest on any Bond at and after the maturity thereof, or the obligation of the County to pay the principal of and the interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner expressed in said Xxxxx expressedthe Bonds.

Appears in 1 contract

Samples: Mortgage and Indenture of Trust (Toms Foods Inc)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Financing and Covenant Agreement

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (gh) of Section 8.11201, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default hereunder and the holders of all twenty-five percent (25%) in aggregate principal amount of Bonds then outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, 1201 nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, his or their own name or names. Such ; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest and premium, if any, on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner stated herein and in said Xxxxx expressedBonds.

Appears in 1 contract

Samples: Trust Indenture (Conrad Industries Inc)

Rights and Remedies of Bondholders. No holder owner of any Bond or Parity Indebtedness shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.19.1 hereof, or of which by said subsection Section it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders owners of all the sum of not less than a majority in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity ten (10) days either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have also offered to the Trustee indemnity as provided in Section 8.1 hereof, 9.1 hereof nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders owners of the Bonds shall have any the right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by itshis, his her or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders owners of all Bonds then outstandingOutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder owner of Bonds to enforce the covenants payment, by the institution of any suit, action or proceeding in equity or at law, of the Issuer principal of, premium, if any, or interest on any Bond at and after the maturity thereof, or the obligation of the City to pay the principal of of, premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof owners of the Bonds at the time, time and place, from the source and in the manner herein and in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Indenture of Trust (Advanced Environmental Recycling Technologies Inc)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder Owner of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which a Responsible Officer of the Trustee has actual knowledge or has been notified as provided in subsection (g) of Section 8.110.01 hereof, or of which by said subsection it is deemed to have notice, nor unless also (ii) such default shall have become an event Event of default Default hereunder and be continuing, (iii) the holders Owners of all more than a majority in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity Trustee, either to proceed to exercise the powers hereinbefore herein granted or to institute such action, suit or proceeding in its own name, nor unless also they and shall have offered to the Trustee indemnity as provided in Section 8.1 hereof10.01(i), nor unless and (iv) the Trustee shall thereafter for sixty (60) days after such notice, request and offer of indemnity fail or refuse to exercise the powers hereinbefore herein granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no . No one or more holders Owners of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Owners of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the Issuer to pay the principal of and premium, if any, and interest on each of any Bond at and after the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressedmaturity thereof.

Appears in 1 contract

Samples: Indenture of Trust (Southwest Gas Corp)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) a default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have notice, nor unless also (b) such default shall have become an event of default and the holders of all not less than 25% in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they (c) such holders have offered to the Trustee indemnity as provided in Section 8.1 9.01(l) hereof, nor unless and (d) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such within a reasonable time; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders of all Bonds then outstandingOutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, time and place, from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Rights and Remedies of Bondholders. No holder Owner of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which a Responsible Officer of the Trustee has actual knowledge or has been notified as provided in subsection (g) of Section 8.110.01 hereof, or of which by said subsection it is deemed to have notice, nor unless also (ii) such default shall have become an event Event of default Default hereunder and be continuing and shall not be subject to control by the holders Bank or the Bond Insurer under Section 9.03, (iii) the Owners of all more than a majority in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity Trustee, either to proceed to exercise the powers hereinbefore herein granted or to institute such action, suit or proceeding in its own name, nor unless also they and shall have offered to the Trustee indemnity as provided in Section 8.1 hereof10.01(i), nor unless and (iv) the Trustee shall thereafter for sixty (60) days after such notice, request and offer of indemnity fail or refuse to exercise the powers hereinbefore herein granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no . No one or more holders Owners of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Owners of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of the Owner of any Bondholder Bond to enforce the covenants payment of the Issuer to pay the principal of and premium, if any, and interest on each of such Bond at and after the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressedmaturity thereof.

Appears in 1 contract

Samples: Indenture of Trust (Southwest Gas Corp)

Rights and Remedies of Bondholders. No holder of any Bond Bondholder shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture Agreement or for any right or remedy granted hereby unless (i) an Event of Default is continuing, (ii) the execution of any trust Trustee is deemed to have notice or knowledge thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection Sxxxxxx 0000 (gx), (xxx) a Majority of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Bondholders shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the its powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they and have offered to the Trustee indemnity as provided in Section 8.1 hereofsatisfactory to it, nor unless and (iv) the Trustee shall thereafter fail have failed or refuse refused to exercise the powers hereinbefore granted, its power or to institute such action, suit or proceeding in its, his, or their own name or namesproceeding. Such notificationnotice, request and offer of indemnity are hereby declared in every case shall at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this IndentureAgreement, and to any action or cause of action for the enforcement of this Indenture, Agreement or for the appointment of a receiver any right or for any other remedy hereundergranted hereby; it being understood and intended that no one or more the holders of the Bonds shall have any no right in any manner whatsoever to affect, disturb affect or prejudice the lien of this Indenture Agreement by its, his or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had instituted and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shallNotwithstanding the foregoing, however, affect or impair the each Bondholder shall have a right of any Bondholder action to enforce the covenants payment of the Issuer to pay the principal of and premium, if any, and interest on each of any Bond held by it at and after the Bonds issued hereunder to the respective holders thereof at the time, placematurity thereof, from the source sources and in the manner expressed in said Xxxxx expressedsuch Bond.

Appears in 1 contract

Samples: Loan and Trust Agreement (Lasalle Hotel Properties)

Rights and Remedies of Bondholders. No holder owner of any Bond or Parity Indebtedness shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.19.1 hereof, or of which by said subsection Section it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders owners of all the sum of not less than a majority in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity ten (10) days either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have also offered to the Trustee indemnity as provided in Section 8.1 hereof, 9.1 hereof nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders owners of the Bonds shall have any the right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by itshis, his her or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders owners of all Bonds then outstandingOutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder owner of Bonds to enforce the covenants payment, by the institution of any suit, action or proceeding in equity or at law, of the principal of, premium, if any, or interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of of, premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof owners of the Bonds at the time, time and place, from the source and in the manner herein and in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Indenture of Trust (Vaughan Foods, Inc.)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all Bonds then outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder Owner of any Bond shall have any right to institute any suit, action or proceeding at law or in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or of any other remedy hereunder, unless (i) a default has occurred of which the Trustee has been notified as provided in subsection (gSection 10.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have received notice, nor unless also (ii) such default shall have become an event Event of default Default and the holders Owners of all not less than 25% of the Bonds then outstanding Outstanding shall have made written request notice to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its their own namename or names, nor unless also (iii) they have offered to the Trustee indemnity as provided in Section 8.1 10.01(1) hereof, nor unless and (iv) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it its being understood and intended that no one or more holders Owners of the Bonds shall shall, solely by virtue of being such Owner, have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of to the holders Owners of all Bonds then outstanding. Nothing However, nothing contained in this Indenture contained shall, however, shall affect or impair the right of any Bondholder Owners to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders Owners thereof at the time, place, from the source sources and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Bond Indenture and Security Agreement

Rights and Remedies of Bondholders. No holder Owner of any Bond of any Series shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which a Responsible Officer of the Trustee has actual knowledge or has been notified as provided in subsection (g) of Section 8.110.01 hereof, or of which by said subsection it is deemed to have notice, nor unless also (ii) such default shall have become an event Event of default Default hereunder and be continuing and shall not be subject to control by the holders Bank or the Bond Insurer under Section 9.03, (iii) the Owners of all more than a majority in aggregate principal amount of Bonds of such Series then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity Trustee, either to proceed to exercise the powers hereinbefore herein granted or to institute such action, suit or proceeding in its own name, nor unless also they and shall have offered to the Trustee indemnity as provided in Section 8.1 hereof10.01(i), nor unless and (iv) the Trustee shall thereafter for sixty (60) days after such notice, request and offer of indemnity fail or refuse to exercise the powers hereinbefore herein granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no . No one or more holders Owners of the Bonds of any Series shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Owners of all Bonds of such Series then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the Issuer to pay the principal of and premium, if any, and interest on each of any Bond at and after the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressedmaturity thereof.

Appears in 1 contract

Samples: Indenture of Trust (Southwest Gas Corp)

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Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Requisite Bondholders shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Requisite Bondholders shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. (a) No holder Holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this any covenant or provision of the Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a unless: (i) an event of default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also notice as provided in this Article IX; (ii) such event of default shall have become an event Event of default and Default; (iii) the holders Holders of all at least fifty-one percent (51%) in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and Trustee, shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they the Trustee's name and shall have offered to the Trustee indemnity satisfactory to the Trustee, as provided in Section 8.1 903 hereof, nor unless ; and (iv) the Trustee shall thereafter fail have failed or refuse PAGE 264 refused to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or namesname. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; , it being understood and intended that no one or more holders Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Holders of all Bonds then outstandingOutstanding. Nothing in The provisions of this Section 909 shall no longer be of any effect after all of the right, title and interest of the Bondholders under this Indenture shall have been subrogated to the Letter of Credit Issuer, pursuant to Section 902(d) hereof. (b) Nothing contained shall, however, in the Indenture shall affect or impair any right of enforcement conferred on any Bondholder by law, including the Act, or the right of any Bondholder to enforce the covenants payment of the Issuer principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the Authority to pay the principal of of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders Holders thereof at the time, place, from the source and in the manner as provided herein and in said Xxxxx expressedthe Bonds.

Appears in 1 contract

Samples: Indenture of Trust (Burlington Coat Factory Warehouse Corp)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof under this Indenture or for the appointment to the extent permitted by law of a receiver or any other remedy hereunder, unless an Event of Default under Section 601(D), Section 601(E) or Section 601(H) hereof has occurred or a default under Section 601 hereof has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, 614 hereof; nor unless also (A) such default, in the case of a default other than a default under Section 601(D), Section 601(E) or Section 601(H), shall have become an event Event of default Default, and (B) the holders Holders of all at least 25% in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, ; nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 701(I) hereof, ; nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such for a period of thirty (30) days after receipt by the Trustee of such request and offer of indemnity; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment to the extent permitted by law of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb disturb, or prejudice the lien Lien of this Indenture by its, his or their any action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders Holders of all Bonds then outstandingOutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof Holders thereof, at the time, place, time and place and from the source and in the manner in said Xxxxx the Bonds expressed. The rights of the Holder of the Bonds under this Section 611 are subject to the rights of the Bank under Section 603(E) hereof.

Appears in 1 contract

Samples: Trust Indenture (Angiodynamics Inc)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless also a default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(h) of Section 8.1hereof, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all not less than twenty-five percent in aggregate principal amount of Bonds then outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its their own namename or names, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 9.01(l) hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder bondholder to enforce the covenants payment of the Issuer principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the County to pay the principal of of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner expressed in said Xxxxx expressedthe Bonds.

Appears in 1 contract

Samples: Trust Indenture (Mississippi Power & Light Co)

Rights and Remedies of Bondholders. No holder owner of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless (i) a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.11001, or of which by said subsection it is deemed to have notice, nor unless also (ii) such default shall have become an event of default and default, (iii) the holders owners of all not less than a majority in aggregate principal amount of Bonds then outstanding shall have made written request to the Trustee and Trustee, shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore herein granted or to institute such action, suit or proceeding in its own name, nor unless also they and shall have offered to the Trustee indemnity as provided in Section 8.1 hereof1001, nor unless and (iv) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore herein granted, or to institute such action, suit or proceeding in its, his, or their its own name or namesname. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no No one or more holders owners of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders owners of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants obligation of the Issuer to pay the principal of of, and interest on on, each of the Bonds issued hereunder to the respective holders owners thereof at the time, place, from the source time and place in the manner in said Xxxxx Bonds expressed, or affect or impair the right of any Bondholder, which is also absolute and unconditional, to institute suit for the enforcement of any such payment.

Appears in 1 contract

Samples: Indenture of Trust (Intrepid Technology & Resources, Inc.)

Rights and Remedies of Bondholders. (a) No holder of any Bond Bondholder shall have any right to institute any suit, action action, or proceeding in equity or at law for the enforcement of this Indenture or for Second Supplement, the execution of any trust thereof or for the appointment of a receiver hereof, or any other remedy hereunderhereunder unless: (i) either an Event of Default has occurred, unless a default has occurred the Sublease is terminated pursuant to an Event of which Nonappropriation, or the Trustee has been notified as provided in subsection failed to make a payment to a Bondholder when due; (gii) Bondholders owning not less than 25% of Section 8.1, or the aggregate principal amount of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Parity Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered the Trustee reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit suit, or proceeding in its own name, nor unless also they ; (iii) such Bondholders have offered to furnished the Trustee indemnity as provided indemnification in Section 8.1 hereof, nor unless a manner satisfactory to it for any liability and expense it might incur in carrying out the aforementioned request; and (iv) the Trustee shall thereafter (within 60 days after receipt by the Trustee of the written request) fail or refuse to exercise the powers hereinbefore granted, granted or to institute such action, suit suit, or proceeding in its, his, or their own name or names. . (b) Such notification, request and offer furnishing of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, Second Supplement and to the initiation of any action or cause of action for the enforcement of this IndentureSecond Supplement; however, the Trustee may not, as condition precedent to the execution of the powers and trusts hereunder, request indemnification for liability arising out of the Trustee’s negligent or willful action, misconduct, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no failure to act. (c) No one or more holders of the Bonds Bondholders shall have any right in any manner whatsoever to affect, disturb disturb, or prejudice the lien of this Indenture Second Supplement by its, his his, or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had had, and maintained in the manner herein provided and for the equal ratable benefit of the holders of all Bonds then outstandingBondholders. Nothing in this Indenture contained Second Supplement shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the Issuer principal of, premium if any, and interest on any Parity Bond at and after the maturity thereof or the obligation of the Trustee to pay the principal of and premium, if any, and interest on each of the Parity Bonds issued hereunder to the respective holders Bondholders thereof at the time, time and place, from the source source, and in the manner provided in said Xxxxx expressedthis Second Supplement.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Bondholders. No holder of any Bond Bondholder shall have any right to institute any suit, action or proceeding at law or in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless (A) a default Default has occurred of which the Trustee has been notified as provided in subsection (gSection 9.01(H) of Section 8.1hereof, or of which by said subsection such Section it is deemed to have notice, nor unless also (B) such default Default shall have become an event Event of default Default and the holders Holders of all Bonds then outstanding not less than 25% of the Bond Obligation shall have made furnished written request notice to the Trustee and shall have offered the Trustee reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its their own namename or names, nor unless also they have offered to (C) the Trustee indemnity shall have been indemnified as provided in Section 8.1 9.01(L) hereof, nor unless and (D) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in itsits own name, hisas Trustee, or their own name or names. Such for a period of sixty (60) days after receipt by it of such request and offer of indemnity; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts trust of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds Bondholders shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except by action of the Holders of at least 25% of the Bond Obligation, in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Holders of all Bonds then outstandingOutstanding. Nothing However, nothing contained in this Indenture contained shall, however, shall affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders Bondholders thereof at the time, place, from the source and in the manner in said Xxxxx the Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any power or trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a an event of default hereunder has occurred and is continuing, of which the Trustee has been notified as provided in subsection (g) of Section 8.1section 5.01(g), or of which by said subsection paragraph it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all at least twenty-five percent in aggregate principal amount of Bonds then outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the powers or trusts hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they ; and have offered to the Trustee indemnity as provided in Section 8.1 hereof5.01, nor unless and the Trustee shall thereafter fail or refuse to exercise the powers or trusts hereinbefore granted, granted or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds Bond shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his his, or their her action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders and owners of all Bonds then outstanding. Nothing in this Indenture contained shallSubject to the foregoing, however, affect or impair the each Bondholder shall have a right of any Bondholder action to enforce the covenants payment of the Issuer to pay the principal of and interest on each of any Bond held or owned by him at and after the Bonds issued hereunder to the respective holders maturity thereof at the time, place, from the source sources and in the manner in said Xxxxx Bond expressed.

Appears in 1 contract

Samples: Trust Indenture (Lower Road Associates LLC)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this the Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.19.1(i), or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all at least fifty percent (50%) in aggregate principal amount of Bonds then outstanding shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, 9.2 nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this the Indenture, and to any action or cause of action for the enforcement of this the Indenture, or for the appointment of a INDENTURE OF TRUST - Page 33. receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this the Indenture contained shall, however, affect or impair the right of any Bondholder to enforce payment of the covenants principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner herein and in said Xxxxx Bonds expressed.

Appears in 1 contract

Samples: Indenture of Trust (Enron Corp/Or/)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.111.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all a majority in aggregate principal amount of Bonds then outstanding hereunder shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof11.1, nor unless also the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every such case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, Indenture or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had held and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstandingoutstanding hereunder. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder Bondholders to enforce the covenants payment of the principal of and interest on any Bonds at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source time and in the manner place in said Xxxxx Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture (Entergy Louisiana, LLC)

Rights and Remedies of Bondholders. (a) No holder Holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this any covenant or provision of the Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a unless: (i) an event of default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also notice as provided in this Article IX; (ii) such event of default shall have become an event Event of default and Default; (iii) the holders Holders of all at least fifty-one percent (51%) in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and Trustee, shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they the Trustee's name and shall have offered to the Trustee indemnity satisfactory to the Trustee, as provided in Section 8.1 903 hereof, nor unless ; and (iv) the Trustee shall thereafter fail have failed or refuse refused to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or namesname. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; , it being understood and intended that no one or more holders Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders Holders of all Bonds then outstandingOutstanding. Nothing in The provisions of this Section 909 shall no longer be of any effect after all of the right, title and interest of the Bondholders under this Indenture shall have been subrogated to the Letter of Credit Issuer, pursuant to Section 902(d) hereof. (b) Nothing contained shall, however, in the Indenture shall affect or impair any right of enforcement conferred on any Bondholder by law, including the Act, or the right of any Bondholder to enforce the covenants payment of the Issuer principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation of the Authority to pay the principal of of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders Holders thereof at the time, place, from the source and in the manner as provided herein and in said Xxxxx expressedthe Bonds.

Appears in 1 contract

Samples: Indenture of Trust (Burlington Coat Factory Warehouse Corp)

Rights and Remedies of Bondholders. No holder of any Bond Bondholder shall have any right to institute any suit, action or proceeding in equity or at law proceedings for the enforcement of this Indenture Agreement or for any right or remedy granted hereby unless (i) an Event of Default is continuing, (ii) an Authorized Officer of the execution of any trust Trustee is deemed to have notice or knowledge thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection Section 9.02(d), (giii) a Majority of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Bondholders shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the its powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they and have offered to the Trustee indemnity as provided in Section 8.1 hereofsatisfactory to it, nor unless and (iv) the Trustee shall thereafter fail have failed or refuse refused to exercise the powers hereinbefore granted, its power or to institute such action, suit or proceeding in its, his, or their own name or namesproceeding. Such notificationnotice, request and offer of indemnity are hereby declared in every case shall at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this IndentureAgreement, and to any action or cause of action for the enforcement of this Indenture, Agreement or for the appointment of a receiver any right or for any other remedy hereundergranted hereby; it being understood and intended that no one or more the holders of the Bonds shall have any no right in any manner whatsoever to affect, disturb affect or prejudice the lien of this Indenture Agreement by its, his or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had instituted and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shallNotwithstanding the foregoing, however, affect or impair the each Bondholder shall have a right of any Bondholder action to enforce the covenants payment of the Issuer to pay the principal of an premium, if any, and interest on each of any Bond held by it at and after the Bonds issued hereunder to the respective holders thereof at the time, placematurity thereof, from the source sources and in the manner expressed in said Xxxxx expressedsuch Bond.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or any other remedy hereunder, unless a default has shall have occurred of which the Trustee has shall have been notified as provided in subsection (g) of Section 8.111.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all 25% in aggregate principal amount of Bonds then outstanding hereunder shall have made written request to the Trustee and shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof11.1, nor unless also the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every such case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, Indenture or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had held and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstandingoutstanding hereunder. Nothing in this Indenture contained shall, however, shall affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and interest on any Bonds at and after the maturity thereof, or the obligation of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source time and in the manner place in said Xxxxx Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture (Gulf States Utilities Co)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof hereof or for the appointment of a receiver or for the enforcement of any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event Event of default Default and the holders of all twenty-five percent (25%) in aggregate principal amount of Bonds then outstanding Outstanding shall have made written request to the Trustee and shall have offered the Trustee reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor and unless such Bondholders have also they have offered to the Trustee indemnity as provided in Section 8.1 901(k) hereof, nor and unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their its own name or names. Such name; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, Indenture and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds Bondholders shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their any action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.Bonds

Appears in 1 contract

Samples: Indenture of Trust (Laidlaw Environmental Services Inc)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all Bonds then outstanding Requisite Bondholders shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, or their own name or names. Such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; , it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in said Xxxxx expressed.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver hereof or any other remedy hereunder, unless a default an Event of Default has occurred of which the Trustee has been notified as provided in subsection (ge)(iv) of Section 8.11201, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all a majority in aggregate principal amount of Bonds then outstanding outstanding, or the Bank, in accordance with the provisions of Section 1104 shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore ,granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, 1201 nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, granted or to institute such action, suit or proceeding in its, his, her or their own name or names. Such ; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver Indenture or for any other remedy hereunder; it being further understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his his, her or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal ratable benefit of the holders and owners of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder bondholder to enforce the covenants payment of the principal of, and interest on, any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of of, and redemption premium (if any) and interest on on, each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner provided in said Xxxxx expressedthe Bonds. No holder of any Bond shall have the right to institute any suit, action or proceeding in equity or at law to enforce a drawing under the Letter of Credit to make any payment on the Bonds.

Appears in 1 contract

Samples: Trust Indenture (Sterigenics International)

Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder, unless a default an Event of Default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 8.19.01, or of which by said subsection it is deemed to have notice, nor unless also such default shall have become an event of default and the holders of all a majority in aggregate principal amount of Bonds then outstanding outstanding, or the Bank, in accordance with the provisions of Section 8.04 hereof, shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof, 9.01 nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its, his, her or their own name or names. Such ; and such notification, request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver Indenture or for any other remedy hereunder; it being further understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his his, her or their action or to enforce any right hereunder except in the manner herein provided, provided and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal ratable benefit of the holders and owners of all Bonds then outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the covenants payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of of, premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner provided in said Xxxxx expressedthe Bonds.

Appears in 1 contract

Samples: Trust Agreement (Sterigenics International)

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