Common use of Rights and Remedies of Holders Clause in Contracts

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, unless (a) the Holders of not less than 25% in principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the Holders of all Bonds then Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressed.

Appears in 2 contracts

Samples: Trust Indenture (Hyco International, Inc.), Trust Indenture (Ocean Bio Chem Inc)

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Rights and Remedies of Holders. No Except as provided in Section 7.4 hereof, a Holder of any a Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Trust Agreement, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless (athere 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 not less than at least 25% in aggregate principal amount of the Outstanding Bonds then Outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.1 and 6.2 hereof, ; and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture Trust Agreement by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then OutstandingOutstanding Bonds. Nothing in this Indenture contained shallTrust Agreement shall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest due on any Bond owned by that Xxxxxx at and after the maturity thereof due date thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthe Bond.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement

Rights and Remedies of Holders. No 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: (a) there has occurred and be continuing an Event of Default of which the Trustee has been notified, as provided in paragraph (f) of Section 6.02 hereof, or of which it is deemed to have notice under that paragraph, (b) the Holders of 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 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 6.01 and 6.02 hereof, and (c) 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, that 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. Anything in the foregoing to the contrary notwithstanding, no Holder 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 any other remedy hereunder, hereunder unless an Event of Default under Section 7.01(g) or (ah) the Holders of not less than 25% in principal amount of Bonds then Outstanding hereof shall have made written request to the Trustee occurred and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own namebe continuing. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, 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 shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shallshall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest Bond Service Charges on any Bond owned by that Holder at and after the maturity thereof thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthat Bond.

Appears in 2 contracts

Samples: Trust Indenture (Escalade Inc), Loan Agreement (Jameson Inns Inc)

Rights and Remedies of Holders. No β€Œ A Holder of any a Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Trust Agreement, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless (athere 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 not less than at least 25% in aggregate principal amount of the Outstanding Bonds then Outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.1 and 6.2 hereof, ; and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture Trust Agreement by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then OutstandingOutstanding Bonds. Nothing in this Indenture contained shallTrust Agreement shall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest due on any Bond owned by that Xxxxxx at and after the maturity thereof due date thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthe Bond.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Holders. No A Holder of any Bond shall not have ------------------------------ any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Indenture, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless unless: (a) there has occurred and is continuing an Event of Default of which the Trustee has been notified, as provided in Subsection 8.02(f), or of which it is deemed to have notice under that Subsection, (b) the Holders of not less than 25% at least a majority in aggregate principal amount of Bonds then Outstanding outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V hereofSections 8.01 and 8.02, and and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstandingoutstanding. Nothing in Notwithstanding the foregoing provisions of this Indenture contained shallSection or any other provision of this Indenture, howeverthe obligation of the Issuer shall be absolute and unconditional to pay hereunder, but solely from the Revenues and other funds pledged under this Indenture, the principal or redemption price of, and interest on, the Bonds to the respective Holders thereof on the respective due dates thereof, and nothing herein shall affect or impair the right of any Holder action, which is absolute and unconditional, of such Holders to enforce such payment; provided that no Holder shall have a right to draw upon the payment Letter of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressedCredit.

Appears in 1 contract

Samples: Trust Indenture (Innovative Solutions & Support Inc)

Rights and Remedies of Holders. No A Holder of any Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Indenture, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless unless: (a) there has occurred and is continuing an Event of Default of which the Trustee has been notified, as provided in paragraph (f) of Section 6.02 hereof, or of which it is deemed to have notice under that paragraph, (b) the Holders of not less than 25% at least 50 percent in aggregate principal amount of Bonds then Outstanding outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders shall also have offered to and the Trustee shall have been provided with indemnity or other assurances as provided in Article V Sections 6.01 and 6.02 hereof, and and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be that notification (or notice), request, opportunity and offer of indemnity or other assurances are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressedoutstanding.

Appears in 1 contract

Samples: Trust Indenture (Global Water Resources, Inc.)

Rights and Remedies of Holders. No A Holder of any Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Indenture, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless unless: (a) there has occurred and is continuing an Event of Default of which the Trustee has been notified, as provided in paragraph (f) of Section 5.02 hereof, or of which it is deemed to have notice under that paragraph, (b) the Holders 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 afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 5.01 and 5.02 hereof, and and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be that notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstanding. Nothing in this Indenture contained shallshall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest Bond Service Charges on any Bond owned by that Holder at and after the maturity thereof thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthat Bond.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Holders. No Except as provided in Section 7.4 hereof, a Holder of any Bond an Obligation shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Trust Agreement, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless (athere 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 not less than at least 25% in aggregate principal amount of Bonds then the Outstanding Obligations shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.1 and 6.2 hereof, ; and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds Series 2020 Notes shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture Trust Agreement by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then OutstandingOutstanding Obligations. Nothing in this Indenture contained shallTrust Agreement shall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest due on any Bond Obligation owned by that Xxxxxx at and after the maturity thereof due date thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthe Obligation.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Holders. No A Holder of any Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Indenture, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless unless: (a) there has occurred and is continuing an Event of Default of which the Trustee has been notified, as provided in paragraph (f) of Section 5.02 hereof, or of which it is deemed to have notice under that paragraph, (b) the Controlling Holders of not less than 25% in principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 5.01 and 5.02 hereof, and and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be that notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shallshall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest Bond Service Charges on any Bond owned by that Xxxxxx at and after the maturity thereof thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthat Xxxx.

Appears in 1 contract

Samples: Trust Indenture

Rights and Remedies of Holders. No Except as provided in Section 7.4 hereof, a Holder of any a Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Trust Agreement, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless (athere 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 not less than at least 25% in aggregate principal amount of the Outstanding Bonds then Outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.1 and 6.2 hereof, ; and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Series 2015 Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture Trust Agreement by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then OutstandingOutstanding Bonds. Nothing in this Indenture contained shallTrust Agreement shall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest due on any Bond owned by that Holder at and after the maturity thereof due date thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthe Bond.

Appears in 1 contract

Samples: Trust Agreement

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, unless , (a) the Holders of not less than 25% in principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the Holders of all Bonds then Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressed.

Appears in 1 contract

Samples: Trust Indenture (Ocean Bio Chem Inc)

Rights and Remedies of Holders. No 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: (a) there has occurred and is continuing an Event of Default of which the Trustee has been properly notified or of which it is deemed to have notice under Section 5.1 hereof, (b) the Holders of at least a majority in aggregate principal amount of Senior Bonds then outstanding 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 5.1 and 5.2 hereof, and (c) 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, that 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. Anything in the foregoing to the contrary notwithstanding, no Holder of any Senior 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 any other remedy hereunder, unless (a) the Holders of not less than 25% in principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, 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 Senior Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Senior Bonds then Outstandingoutstanding. Nothing in this Indenture contained shallshall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest Bond Service Charges on any Senior Bond owned by that Holder at and after the maturity thereof thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthat Senior Bond.

Appears in 1 contract

Samples: Trust Indenture (Wca Shiloh Landfill LLC)

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Rights and Remedies of Holders. No (a) A Holder of any Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Indenture, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless unless: (ai) there has occurred and is continuing an Event of Default of which the Trustee has been notified, as provided in Subsection 8.02(f), or of which it is deemed to have notice under that Subsection, (ii) the Holders of not less than 25% at least a majority in aggregate principal amount of Bonds then Outstanding outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V hereofSections 8.01 and 8.02, and and (ciii) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case . (excepting those specified in Section 501(lb) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. (c) No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstandingoutstanding. Nothing in Notwithstanding the foregoing provisions of this Indenture contained shallSection or any other provision of this Indenture, howeverthe obligation of the Issuer shall be absolute and unconditional to pay hereunder, but solely from the Revenues and other funds pledged under this Indenture, the principal or redemption price of, and interest on, the Bonds to the respective Holders thereof on the respective due dates thereof, and nothing herein shall affect or impair the right of any Holder action, which is absolute and unconditional, of such Holders to enforce such payment; provided that no Holder shall have a right to draw upon the payment Letters of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressedCredit.

Appears in 1 contract

Samples: Indenture of Trust (Helmstar Group Inc)

Rights and Remedies of Holders. No A Holder of any a Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Trust Agreement, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless (athere 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 not less than at least 25% in aggregate principal amount of the Outstanding Bonds then Outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.1 and 6.2 hereof, ; and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture Trust Agreement by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then OutstandingOutstanding Bonds. Nothing in this Indenture contained shallTrust Agreement shall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest due on any Bond owned by that Xxxxxx at and after the maturity thereof due date thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthe Bond.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Holders. No A Holder of any Bond shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Indenture, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless unless: (a) there has occurred and is continuing an Event of Default of which the Trustee has been notified, as provided in Section 6.02(f) hereof, or of which it is deemed to have notice thereunder, (b) the Holders of not less than 25% at least a majority in aggregate principal amount of Bonds then Outstanding outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.01 and 6.02 hereof, and and (c) the Trustee Trustee, for 60 days thereafter, shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shallshall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest Debt Service on any Bond owned by that Holder at and after the maturity thereof thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthat Bond.

Appears in 1 contract

Samples: Trust Indenture (Standard Parking Corp)

Rights and Remedies of Holders. No A Holder of any Bond shall not 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) the Holders of not less than 25% in principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, 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 exercise of a receiver or for any other remedy hereunder, unless (i) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Notes, (ii) Holders of more than twenty-five percent (25%) in aggregate principal amount of Outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee thereunder, (iii) such Holder or Holders have offered to the Trustee indemnity satisfactory to it against the costs, expenses and liabilities to be Incurred in compliance with such request, (iv) the Trustee during the 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding, and (v) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Required Holders of a majority of the principal amount of the Outstanding Notes; it being understood and intended provided, however, that no one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien benefit of this Indenture afforded the Notes by its, his its or their action (provided that the Trustee does not have an affirmative duty to ascertain whether or not any such action is unduly prejudicial to such Notes), or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had instituted and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressedOutstanding Notes.

Appears in 1 contract

Samples: Indenture (Gran Tierra Energy Inc.)

Rights and Remedies of Holders. No Except as provided in Section 7.4 hereof, a Holder of any Bond an Obligation shall not have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or Trust Agreement, for the execution of any trust hereof hereof, or for the appointment exercise of a receiver or any other remedy hereunder, unless (athere 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 not less than at least 25% in aggregate principal amount of Bonds then the Outstanding Obligations shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name, (b) such Holders and shall also have offered indemnity to the Trustee indemnity as provided in Article V Sections 6.1 and 6.2 hereof, ; and (c) the Trustee thereafter shall thereafter have failed or refused to exercise the remedies, rights and powers hereinabove granted herein or to institute such actionthe suit, suit action or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at At the option of the Trustee, be such notification (or notice), request, opportunity and offer of indemnity are conditions precedent in every case, to the execution institution of the powers and trusts of this Indentureany suit, 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 proceeding described above. No one or more Holders of the Bonds Series 2020 Notes shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture Trust Agreement by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all proceedings at law any remedy, right or in equity power hereunder. Any suit, action or proceeding shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then OutstandingOutstanding Obligations. Nothing in this Indenture contained shallTrust Agreement shall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest due on any Bond Obligation owned by that Holder at and after the maturity thereof due date thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthe Obligation.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Holders. No Holder of any Bond Obligations shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture Trust Agreement or for the execution of any trust hereof thereof or for the appointment of a receiver or any other remedy hereunder, unless an Event of Default has occurred, and is continuing, of which the Trustee has been notified as provided in paragraph (ag) of Section 5.01 hereof, or of which by said paragraph it is deemed to have notice, and the Holders of not less than 25% at least twenty-five percent in aggregate principal amount of Bonds the Obligations then Outstanding shall have made written request to the Trustee and shall have offered afforded the Trustee reasonable opportunity either to proceed to exercise the powers hereinabove herein granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also and have offered to the Trustee indemnity as provided in Article V Section 5.01 hereof, and (c) the Trustee shall thereafter have failed fail or refused refuse to exercise the powers hereinabove herein granted or to institute such action, suit or proceeding in its own name. Such ; and such notification, request and offer of indemnity shall are hereby declared in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, Trustee to be conditions precedent to the execution of the powers and trusts of this IndentureTrust Agreement, and to any action or cause of action for the enforcement of this IndentureTrust Agreement, 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 Obligations shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture Trust 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 and maintained in the manner herein provided and for the equal benefit of the Holders of all Bonds then OutstandingObligations, on a parity basis. Nothing in this Indenture contained shallNotwithstanding the foregoing, however, affect or impair the each Holder of an Obligation shall have a right of any Holder action to enforce the payment payments of the principal of, premium, if any, of and interest and any premium on any Bond the Obligations held by him at and after the maturity thereof at the time, place, from the source sources and in the manner expressed in said Bond expressedObligations; provided that such Holder may not institute any such suit, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under applicable law; result in the surrender, impairment, waiver, or loss of the lien of this Trust Agreement upon any property subject to such lien.

Appears in 1 contract

Samples: Trust Agreement

Rights and Remedies of Holders. No 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:. (a) there has occurred and be continuing an Event of Default of which the Trustee has been notified, as provided in paragraph (f) of Section 6.02 hereof, or of which it is deemed to have notice under that paragraph, (b) the Holders of 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 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 6.01 and 6.02 hereof, and (c) 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, that 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. Anything in the foregoing to the contrary notwithstanding, no Holder 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 any other remedy hereunder, hereunder unless an Event of Default under Section 7.01(g) or (ah) the Holders of not less than 25% in principal amount of Bonds then Outstanding hereof shall have made written request to the Trustee occurred and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own namebe continuing. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, 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 shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the lien security or benefit of this Indenture by its, his its or their action action, or to enforce any right hereunder enforce, except in the manner herein providedprovided herein, and that all any remedy, right or power hereunder. Any suit, action or proceedings at law or in equity shall be instituted, had and maintained in the manner provided herein provided and for the equal benefit of the Holders of all Bonds then Outstandingoutstanding. Nothing in this Indenture contained shallshall affect or impair, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest Bond Service Charges on any Bond owned by that Holder at and after the maturity thereof thereof, at the time, place, from the source sources and in the manner expressed in said Bond expressedthat Bond.

Appears in 1 contract

Samples: Loan Agreement (Centerpoint Properties Corp)

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