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 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 Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event of Default and the holders of 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, (c) such holders have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, 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 own name 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 Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 3 contracts

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

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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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Requisite Bondholders 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the said Bonds expressed.

Appears in 3 contracts

Samples: Financing Agreement, Financing Agreement, Financing 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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Requisite Bondholders 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the said Bonds expressed.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture, Trust Indenture

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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders Bondholders of not less than 25% in aggregate principal amount of all 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 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 and ratable benefit of the holders Bondholders of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders Bondholders thereof at the time and time, place, from the source and in the manner in the Bonds 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: Financing Agreement, 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 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 (g) of Section 9.01(h) hereof11.1, or of which by said subsection it is deemed to have notice, (b) nor unless such default shall have become an Event of Default and the holders of not less than 25% a majority in aggregate principal amount of Bonds then Outstanding 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, (c) such holders nor unless also they have offered to the Trustee security and/or satisfactory indemnity as provided in Section 9.01(l) hereof11.1, and (d) 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 own name within a reasonable timename; and such notification, request and offer of security and/or 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 and ratable 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 payment of the principal of, redemption premium, if any, of and interest on any Bond Bonds at and after the maturity thereof, or the obligation of the Issuer Authority to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and place in the manner in the said Bonds expressed.

Appears in 2 contracts

Samples: Agreement (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 the Indenture or for the execution of any trust hereof 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 (aH) hereof has occurred or a default under Section 601(I) hereof has occurred of which the Trustee has been notified as provided in Section 9.01(h) 614 hereof, or of which by said subsection it is deemed to have notice, ; nor unless also (bA) such default, in the case of a default under Section 601(I), shall have become an Event of Default Default, and (B) the holders of not less than at least 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, (c) such holders ; nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l701(I) hereof, and (d) ; 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 own name within a reasonable timeproceeding; 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 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 and ratable 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 the payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof thereof, at the time and place, place and from the source and in the manner in the Bonds expressed.

Appears in 2 contracts

Samples: Mechanical Technology Inc, 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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Requisite Bondholders 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the Bonds said Xxxxx expressed.

Appears in 2 contracts

Samples: Financing Agreement, Financing 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 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 (g) of Section 9.01(h) hereof11.1, or of which by said subsection it is deemed to have notice, (b) nor unless such default shall have become an Event of Default and the holders of not less than 25% a majority in aggregate principal amount of Bonds then Outstanding 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, (c) such holders nor unless also they have offered to the Trustee security and/or satisfactory indemnity as provided in Section 9.01(l) hereof11.1, and (d) 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 own name within a reasonable timename; and such notification, request and offer of security and/or 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 and ratable 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 payment of the principal of, redemption premium, if any, of and interest on any Bond Bonds at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and place in the manner in the said Bonds expressed.

Appears in 2 contracts

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

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 hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) 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 9.01(h) 10.01 hereof, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event of 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 not less more than 25% a majority in aggregate principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders and shall have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof10.01(i), and (div) 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 own name within a reasonable timename; 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 . 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 Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 2 contracts

Samples: 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 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 (g) of Section 9.01(h) hereof11.1, or of which by said subsection it is deemed to have notice, (b) nor unless such default shall have become an Event of Default and the holders of not less than 25% a majority in aggregate principal amount of Bonds then Outstanding 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof11.1, and (d) 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 own name within a reasonable timename; and such notification, request and offer of security and/or 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 and ratable 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 payment of the principal of, redemption premium, if any, of and interest on any Bond Bonds at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and place in the manner in the said Bonds expressed.

Appears in 1 contract

Samples: 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 power or trust hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (a) a an event of default hereunder has occurred and is continuing, of which the Trustee has been notified as provided in Section 9.01(h) hereofsection 5.01(g), or of which by said subsection paragraph it is deemed to have notice, (b) such default shall have become an Event of Default and the holders of not less than 25% at least twenty-five percent in aggregate principal amount of Bonds then Outstanding outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders ; and have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof5.01, and (d) 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 own name within a reasonable timename; 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 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 and ratable benefit of the holders and owners of all Bonds then Outstandingoutstanding. 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 payment of the principal of, redemption premium, if any, of and interest on any Bond held or owned by him at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source sources and in the manner in the Bonds said Bond expressed.

Appears in 1 contract

Samples: 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 Indenture or for the execution of any trust hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Requisite Bondholders 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the Bonds said Xxxxx expressed.

Appears in 1 contract

Samples: Trust Indenture

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 or for the execution of any trust hereof or for the appointment of a receiver Agreement or any other right or remedy hereunder, granted hereby unless (ai) a default has occurred an Event of which Default is continuing, (ii) the Trustee is deemed to have notice or knowledge thereof or has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have noticeSxxxxxx 0000 (x), (bxxx) such default shall have become an Event a Majority of Default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Bondholders shall have made written request to the Trustee and shall have offered it 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, (c) such holders and have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereofsatisfactory to it, and (div) 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 own name within a reasonable time; and such notificationproceeding. Such notice, request and offer of security and/or 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 and ratable benefit of the holders of all Bonds then Outstandingoutstanding. 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 payment of the principal of, redemption of and premium, if any, and interest on any Bond held by it at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source sources and in the manner expressed in the Bonds expressedsuch Bond.

Appears in 1 contract

Samples: Loan and Trust Agreement (Lasalle Hotel Properties)

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 hereof or for the appointment of a receiver thereof or any other remedy hereunder, unless (a) a default an Event of Default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 9.01(h) hereof9.01, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event of Default and the holders of not less than 25% 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 it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (d) 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 its, his, her or their own name within a reasonable timeor names; 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 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 and ratable benefit of the holders and owners of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner provided in the Bonds expressedBonds.

Appears in 1 contract

Samples: Trust Agreement (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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Requisite Bondholders 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the said 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 hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) a default has shall have occurred of which the Trustee has shall have been notified as provided in subsection (g) of Section 9.01(h) hereof11.1, or of which by said subsection it is deemed to have notice, (b) nor unless such default shall have become an Event of Default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof11.1, and (d) 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 own name within a reasonable timename; and such notification, request and offer of security and/or 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 and ratable 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 payment of the principal of, redemption premium, if any, of and interest on any Bond Bonds at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and place in the manner in the said Bonds expressed.

Appears in 1 contract

Samples: 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 hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) also a default has occurred of which the Trustee has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% twenty-five percent 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 their own namename or names, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (d) 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 own name within a reasonable timename; 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 bondholder to enforce the 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 County to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner expressed in the Bonds expressedBonds.

Appears in 1 contract

Samples: Mississippi Power & Light 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 hereof thereof 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 (h) of Section 9.01(h) hereof1201, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default hereunder and the holders of not less than 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 it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (d) 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 its, his or their own name within a reasonable timeor names; 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, 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 payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption of and interest and premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner stated herein and in the Bonds expressedsaid Bonds.

Appears in 1 contract

Samples: Lease Agreement (Conrad Industries 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 hereof or for the appointment of a receiver or to enforce any other right or remedy hereunder, unless (a) a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 9.01(h) hereof1101, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than twenty-five per centum (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, (c) nor unless also such holders bondholders have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof1101, and (d) 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 own name within a reasonable time; and such name. 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 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 and ratable 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 payment of the principal of, redemption premium, if any, of and the interest on any Bond at and after the maturity thereof, or the obligation of the Issuer County to pay the principal of, redemption premium, if any, of and the interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner expressed in the Bonds expressedBonds.

Appears in 1 contract

Samples: Agreement of Sale (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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of all 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Financing and Covenant 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 hereof or for the appointment of a receiver or of any other remedy hereunder, unless (ai) a default has occurred of which the Trustee has been notified as provided in Section 9.01(h10.01(h) hereof, or of which by said subsection it is deemed to have received notice, (bii) such default shall have become an Event of Default and the holders Owners of not less than 25% in aggregate principal amount of the Bonds then 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, (ciii) such holders they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l10.01(1) hereof, and (div) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name within a reasonable timename; 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 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 Outstandingoutstanding. Nothing However, nothing contained in this Indenture contained shall, however, shall affect or impair the right of any Bondholder Owners to enforce the payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders Owners thereof at the time and time, place, from the source sources and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Bond Trust 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 hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) 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 9.01(h) 10.01 hereof, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event of 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 not less more than 25% a majority in aggregate principal amount of Bonds of such Series then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders and shall have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof10.01(i), and (div) 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 own name within a reasonable timename; 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 . 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 Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Indenture of Trust (Southwest Gas Corp)

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 hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) 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 9.01(h) 10.01 hereof, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event of 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 not less more than 25% a majority in aggregate principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders and shall have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof10.01(i), and (div) 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 own name within a reasonable timename; 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 . 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 Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed. Section 9.08.

Appears in 1 contract

Samples: 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 the Indenture or for the execution of any trust hereof thereof 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 Section 9.01(h) hereof9.1(i), or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event of Default and the holders of not less than 25% at least fifty percent (50%) 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (d) 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 own name within a reasonable timename; 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 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 and ratable 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 payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner herein and in the said Bonds expressed.

Appears in 1 contract

Samples: Enron Corp/Or/

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 hereof or for the appointment of a receiver or of any other remedy hereunder, unless (ai) a default has occurred of which the Trustee has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have received notice, (bii) such default shall have become an Event of Default and the holders Owners of not less than 25% in aggregate principal amount of the Bonds then 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, (ciii) such holders they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (div) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name within a reasonable timename; 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 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 Outstandingoutstanding. Nothing However, nothing contained in this Indenture contained shall, however, shall affect or impair the right of any Bondholder Owners to enforce the payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders Owners thereof at the time and time, place, from the source sources and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement

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 hereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) a default has occurred of which the Trustee has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event event of Default and default, (ii) the holders of not less than 25% twenty-five percent in aggregate principal amount of Series 2007A Bonds then Outstanding 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, (c) such holders and unless also they have offered to the Bond Trustee security and/or indemnity as provided in Section 9.01(l) hereof8.1, and (diii) 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 own name within a reasonable timename; and such notification, request and offer of security and/or 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 and ratable benefit of the holders of all Series 2007A Bonds then Outstandingoutstanding. Nothing in this Bond Indenture contained shall, however, affect or impair the right of any Bondholder holder to enforce the payment of the principal of, redemption premium, if any, 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, redemption premium, if any, of and interest on each of the Series 2007A Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the said Series 2007A Bonds expressed.

Appears in 1 contract

Samples: Bond Trust Indenture (Advanced BioEnergy, LLC)

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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 hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) a default an Event of Default has occurred of which the Trustee has been notified as provided in subsection (e)(iv) of Section 9.01(h) hereof1201, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event of Default and the holders of not less than 25% 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 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 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 own nameits, (c) such holders have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereofhis, and (d) the Trustee shall thereafter fail her or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its their own name within a reasonable timeor names; 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 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 and ratable benefit of the holders and owners of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder bondholder to enforce the payment of the principal of, redemption premium, if any, and interest on on, any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, and redemption premium, premium (if any, ) and interest on on, each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner provided in the Bonds expressedBonds. 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 hereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) a default has occurred of which the Trustee has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event event of Default default and the holders of 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, (ciii) such holders have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (div) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name within a reasonable timename; 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 payment of the principal of, redemption 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, redemption of and premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Gulf Power Co

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 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 Section 9.01(h) 9.1 hereof, or of which by said subsection Section it is deemed to have notice, (b) nor unless such default shall have become an Event of Default and the holders owners of the sum of not less than 25% a majority in aggregate principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders nor unless they have also offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (d) 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 own name within a reasonable timename; 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 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 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 owner of Bonds to enforce the payment payment, by the institution of any suit, action or proceeding in equity or at law, of the principal of, redemption premium, if any, and or interest on any Bond at and after the maturity thereof, or the obligation of the Issuer City to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof owners of the Bonds at the time and place, from the source and in the manner herein and in the Bonds expressed.

Appears in 1 contract

Samples: 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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event of Default and the holders of not less than 25% in aggregate principal amount of all 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the Bonds 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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of all 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the Bonds said Xxxxx 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 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 Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event event of Default default and the holders of 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, (c) such holders have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, 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 own name within a reasonable timename; 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 Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, 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, of and redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: System Energy Resources Inc

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 or for the execution of any trust hereof or for the appointment of a receiver Agreement or any other right or remedy hereunder, granted hereby unless (ai) a default has occurred an Event of which Default is continuing, (ii) an Authorized Officer of the Trustee is deemed to have notice or knowledge thereof or has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice9.02(d), (biii) such default shall have become an Event a Majority of Default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Bondholders shall have made written request to the Trustee and shall have offered it 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, (c) such holders and have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereofsatisfactory to it, and (div) 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 own name within a reasonable time; and such notificationproceeding. Such notice, request and offer of security and/or 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 and ratable benefit of the holders of all Bonds then Outstandingoutstanding. 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 payment of the principal of, redemption of an premium, if any, and interest on any Bond held by it at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source sources and in the manner expressed in the Bonds 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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of Bonds then Outstanding Requisite Bondholders 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment covenants 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 City to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the said Bonds expressed.

Appears in 1 contract

Samples: Financing 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 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 Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event event of Default default and the holders of 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, (c) such holders have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, 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 own name 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 Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Depositary Agreement (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 hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) 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 9.01(h) 10.01 hereof, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event of 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 not less more than 25% a majority in aggregate principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders and shall have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof10.01(i), and (div) 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 own name within a reasonable timename; 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 . 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 Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of the Owner of any Bondholder Bond to enforce the payment of the principal of, redemption of and premium, if any, and interest on any such Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

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 hereof or for the appointment of a receiver or for the enforcement of any other remedy hereunder, unless (a) a default has occurred of which the Trustee has been notified as provided in Section 9.01(h) hereof, or of which by said subsection it is deemed to have notice, (b) such default shall have become an Event of Default and the holders of not less than 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 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, (c) and unless such holders Bondholders have also offered to the Trustee security and/or indemnity as provided in Section 9.01(l901(k) hereof, and (d) unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name within a reasonable timename; 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, 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 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 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds 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 hereof thereof 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 (g) of Section 9.01(h) hereof8.1, or of which by said subsection it is deemed to have notice, (b) nor unless also such default shall have become an Event event of Default default and the holders of not less than 25% in aggregate principal amount of all 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, (c) such holders nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) 8.1 hereof, and (d) 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 its, his, or their own name within a reasonable time; and such or names. 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 payment of the principal of, redemption premium, if any, and interest on any Bond at and after the maturity thereof, or the obligation covenants of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and time, place, from the source and in the manner in the said 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 hereof under this Indenture or for the appointment to the extent permitted by law of a receiver or any other remedy hereunder, unless (aan 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 Section 9.01(h) 614 hereof, or of which by said subsection it is deemed to have notice, ; nor unless also (bA) 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 of Default Default, and (B) the holders Holders of not less than at least 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, (c) such holders ; nor unless also they have offered to the Trustee security and/or indemnity as provided in Section 9.01(l701(I) hereof, and (d) ; 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 own name within for a reasonable timeperiod of thirty (30) days after receipt by the Trustee of such request and offer of indemnity; 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 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 and ratable benefit of the holders Holders of all Bonds then Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders thereof Holders thereof, at the time and place, place and from the source and in the manner in 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 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 hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) 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 9.01(h) 10.01 hereof, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event of Default hereunder and be continuing, (iii) the holders Owners of not less more than 25% a majority in aggregate principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders and shall have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof10.01(i), and (div) 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 own name within a reasonable timename; 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 . 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 Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption 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, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time and place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: Financing Agreement (Southwest Gas Corp)

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 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 Section 9.01(h) 9.1 hereof, or of which by said subsection Section it is deemed to have notice, (b) nor unless such default shall have become an Event of Default and the holders owners of the sum of not less than 25% a majority in aggregate principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered it 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, (c) such holders nor unless they have also offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof, and (d) 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 own name within a reasonable timename; 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 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 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 owner of Bonds to enforce the payment payment, by the institution of any suit, action or proceeding in equity or at law, of the principal of, redemption premium, if any, and or interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof owners of the Bonds at the time and place, from the source and in the manner herein and in the Bonds expressed.

Appears in 1 contract

Samples: Vaughan Foods, Inc.

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 hereof or for the appointment of a receiver or any other remedy hereunder, unless (aA) a default Default has occurred of which the Trustee has been notified as provided in Section 9.01(h9.01(H) hereof, or of which by said subsection such Section it is deemed to have notice, (bB) such default Default shall have become an Event of Default and the holders Holders of not less than 25% in aggregate principal amount of Bonds then Outstanding the Bond Obligation shall have made furnished written request notice to the Trustee and shall have offered it 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, (cC) such holders have offered to the Trustee security and/or indemnity shall have been indemnified as provided in Section 9.01(l9.01(L) hereof, and (dD) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name within name, as Trustee, for a reasonable timeperiod of sixty (60) days after receipt by it of such request and offer of indemnity; 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 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 Outstanding. Nothing However, nothing contained in this Indenture contained shall, however, shall affect or impair the right of any Bondholder to enforce the payment of the principal of, redemption premium, if any, of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuer to pay the principal of, redemption premium, if any, of and interest on each of the Bonds issued hereunder to the respective holders Bondholders thereof at the time and time, place, from the source and in the manner in the Bonds expressed.

Appears in 1 contract

Samples: www.cideg.org

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 hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless (ai) a default has occurred of which the Trustee has been notified as provided in subsection (g) of Section 9.01(h) hereof1001, or of which by said subsection it is deemed to have notice, (bii) such default shall have become an Event event of Default and default, (iii) the holders owners of not less than 25% a majority in aggregate principal amount of Bonds then Outstanding outstanding shall have made written request to the Trustee and Trustee, shall have offered it reasonable opportunity either to proceed to exercise the powers hereinbefore herein granted or to institute such action, suit or proceeding in its own name, (c) such holders and shall have offered to the Trustee security and/or indemnity as provided in Section 9.01(l) hereof1001, and (div) the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore herein granted, or to institute such action, suit or proceeding in its own name 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 name. 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 Outstandingoutstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Bondholder to enforce the 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, redemption premium, if any, and interest on on, each of the Bonds issued hereunder to the respective holders owners thereof at the time and place, from the source and in the manner place in the 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: Intrepid Technology & Resources, Inc.

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