Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a Holder of an Obligation shall not have any right to institute any suit, action or proceeding for the enforcement of this Trust Agreement, for the execution of any trust hereof, or for the exercise of any other remedy hereunder, unless there has occurred and is continuing an Event of Default of which the Trustee has been notified or is deemed to have notice as provided in Section 6.2(f) hereof; the Holders of at least 25% in aggregate principal amount of the Outstanding Obligations shall have made written request to the Trustee and shall have afforded the Trustee reasonable opportunity to proceed to exercise the remedies, rights and powers granted herein or to institute the suit, action or proceeding in its own name, and shall have offered indemnity to the Trustee as provided in Sections 6.1 and 6.2 hereof; and the Trustee thereafter shall have failed or refused to exercise the remedies, rights and powers granted herein or to institute the suit, action or proceeding in its own name. At the option of the Trustee, such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the institution of any suit, action or proceeding described above. No one or more Holders of the Series 2020 Notes shall have any right to affect, disturb or prejudice in any manner whatsoever the security or benefit of this Trust Agreement by its or their action, or to enforce, except in the manner provided herein, any remedy, right or power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein for the benefit of the Holders of all Outstanding Obligations. Nothing in this Trust Agreement shall affect or impair, however, the right of any Holder to enforce the payment of the principal and interest due on any Obligation owned by that Holder at and after the due date thereof, at the place, from the sources and in the manner expressed in the Obligation.
Rights and Remedies of Holders. Section 6.01. Unconditional Right of Holders to Receive Contract Adjustment Payments and to Purchase Shares of Common Stock 90 Section 6.02. Restoration of Rights and Remedies 91 Section 6.03. Rights and Remedies Cumulative 91 Section 6.04. Delay or Omission Not Waiver 91 Section 6.05. Undertaking for Costs 91 Section 6.06. Waiver of Stay or Extension Laws 92 ARTICLE 7 THE PURCHASE CONTRACT AGENT Section 7.01. Certain Duties and Responsibilities 92 Section 7.02. Notice of Default 93 Section 7.03. Certain Rights of Purchase Contract Agent 93 Section 7.04. Not Responsible for Recitals or Issuance of Units 95 Section 7.05. May Hold Units 95 Section 7.06. Money Held in Custody 95 Section 7.07. Compensation and Reimbursement 96 Section 7.08. Corporate Purchase Contract Agent Required; Eligibility 97 Section 7.09. Resignation and Removal; Appointment of Successor 97 Section 7.10. Acceptance of Appointment by Successor 98 Section 7.11. Merger, Conversion, Consolidation or Succession to Business 99 Section 7.12. Preservation of Information 99 Section 7.13. No Obligations of Purchase Contract Agent 99 ARTICLE 8
Rights and Remedies of Holders. A Holder shall not have any right to institute any suit, action or proceeding for the enforcement of this Indenture, for the execution of any trust hereof, or for the exercise of any other remedy hereunder, unless:
Rights and Remedies of Holders. 90 Section 6.01. Unconditional Right of Holders to Receive Contract Adjustment Payments and to Purchase Shares of Common Stock 90 Section 6.02. Restoration of Rights and Remedies 90 Section 6.03. Rights and Remedies Cumulative 90 Section 6.04. Delay or Omission Not Waiver 91 Section 6.05. Undertaking for Costs 91 Section 6.06. Waiver of Stay or Extension Laws 91
Rights and Remedies of Holders. Section 6.01 Unconditional Right of Holders to Receive Contract Adjustment Payments and to Purchase Shares of Common Stock 54 Section 6.02 Restoration of Rights and Remedies 55 Section 6.03 Rights and Remedies Cumulative 55 Section 6.04 Delay or Omission Not Waiver 55 Section 6.05 Undertaking for Costs 55 Section 6.06 Waiver of Stay or Extension Laws 55 Article VII The Purchase Contract Agent Section 7.01 Certain Duties and Responsibilities 56 Section 7.02 Notice of Default 57 Section 7.03 Certain Rights of Purchase Contract Agent 57 Section 7.04 Not Responsible for Recitals or Issuance of Equity Units 59 Section 7.05 May Hold Equity Xxxxx 00 Xxxxxxxx Xxxxxxxx Agreement ii
Rights and Remedies of Holders. (a) The various provisions set forth under this Certificate of Designation are for the benefit of the Holders and, subject to the terms and conditions hereof and applicable law, will be enforceable by them, including by one or more actions for specific performance.
Rights and Remedies of Holders. (a) The various provisions set forth under this Certificate of Designations and the Series A-1 Preferred Stock are for the benefit of the Holders. The Holder of any share of the Series A-1 Preferred Stock at the time outstanding may protect and enforce the rights of such Holder under the Series A-1 Preferred Stock and this Certificate of Designations by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in the Series A-1 Preferred Stock, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwise. Without limitation of the foregoing, the Holders would be damaged irreparably in the event any of the provisions of this Certificate of Designations are not performed in accordance with their specific terms or otherwise are breached. Accordingly, the Holders will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Certificate of Designations and to enforce specifically the terms and provisions of this Certificate of Designation, including by one or more actions for specific performance, in addition to any other remedy to which they may be entitled, at law or in equity. The Company waives any defense that a remedy at law is adequate and any requirement to prove special damages, post bond or provide similar security in connection with actions instituted for injunctive relief or specific performance of this Certificate of Designations.
Rights and Remedies of Holders. (a) The various provisions set forth herein are for the benefit of the Holders and shall be enforceable by them, including by one or more actions for specific performance. The Company acknowledges that the subject matter of this Certificate of Designations is unique and that the Holders would be damaged irreparably in the event that any of the provisions of this Certificate Designations are not performed in accordance with their specific terms or otherwise are breached, and that remedies at law would not be adequate to compensate such other parties not in default or in breach. Accordingly, the Company agrees that the Holders will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Certificate of Designations and to enforce specifically the terms and provisions of this Certificate of Designations in addition to any other remedy to which they may be entitled, at law or in equity. The Company waives any defense that a remedy at law is adequate and any requirement to post bond or provide similar security in connection with actions instituted for injunctive relief or specific performance of this Certificate of Designations.
Rights and Remedies of Holders. 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,
Rights and Remedies of Holders. (i) The various provisions set forth herein for the benefit of the holders of the Series A Preferred Stock and shall be enforceable by them, including by one or more actions for specific performance.
