Common use of Rights and Remedies of Holders Clause in Contracts

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

Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a Holder of an Obligation a Bond 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 Bonds 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 Bonds 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 ObligationsBonds. 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 Bond owned by that Holder Xxxxxx at and after the due date thereof, at the place, from the sources and in the manner expressed in the ObligationBond.

Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a Holder of an Obligation a Bond 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 Bonds 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 Bonds 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 ObligationsBonds. 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 Bond owned by that Holder at and after the due date thereof, at the place, from the sources and in the manner expressed in the ObligationBond.

Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a 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 hereofIndenture, or for the exercise of any other remedy hereunder, unless there (i) such Holder has occurred and is previously given written notice to the Trustee of a continuing an Event of Default of which with respect to the Trustee has been notified or is deemed to have notice as provided in Section 6.2(fNotes, (ii) hereof; the Holders of at least more than twenty-five percent (25% %) in aggregate principal amount of the Outstanding Obligations Notes 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 proceedings in respect of such Event of Default in its own namename as Trustee thereunder, and shall (iii) such Holder or Holders have offered indemnity to the Trustee as provided indemnity satisfactory to it against the costs, expenses and liabilities to be Incurred in Sections 6.1 and 6.2 hereof; and compliance with such request, (iv) the Trustee thereafter shall have failed or refused to exercise during the remedies60 days after its receipt of such notice, 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 request and offer of indemnity are conditions precedent in every casehas failed to institute any such proceeding, and (v) no direction inconsistent with such written request has been given to the institution Trustee during such 60-day period by the Required Holders of any suita majority of the principal amount of the Outstanding Notes; provided, action or proceeding described above. No however, that 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 Indenture afforded the Notes by its or their actionaction (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, except in the manner provided herein, any remedy, right or power hereunder. Any suit, action or proceeding shall be instituted, had instituted 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 ObligationNotes.

Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a A Holder of an Obligation a Bond 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 Bonds 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 Bonds 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 ObligationsBonds. 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 Bond owned by that Holder Xxxxxx at and after the due date thereof, at the place, from the sources and in the manner expressed in the ObligationBond.

Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a ‌ A Holder of an Obligation a Bond 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 Bonds 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 Bonds 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 ObligationsBonds. 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 Bond owned by that Holder Xxxxxx at and after the due date thereof, at the place, from the sources and in the manner expressed in the ObligationBond.

Rights and Remedies of Holders. Except as provided in Section 7.4 hereof, a Holder of an Obligation a Bond 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 Bonds 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 2015 Bonds 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 ObligationsBonds. 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 Bond owned by that Holder at and after the due date thereof, at the place, from the sources and in the manner expressed in the ObligationBond.

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 Xxxxxx 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. Except as provided in Section 7.4 hereof, a No Holder of an Obligation any Obligations shall not have any right to institute any suit, action or proceeding for the enforcement of this Trust Agreement, Agreement or for the execution of any trust hereof, thereof or for the exercise appointment of a receiver or any other remedy hereunder, unless there has occurred and is continuing an Event of Default has occurred, and is continuing, of which the Trustee has been notified as provided in paragraph (g) of Section 5.01 hereof, or of which by said paragraph it is deemed to have notice as provided in Section 6.2(f) hereof; notice, and the Holders of at least 25% twenty-five percent in aggregate principal amount of the Obligations then 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 herein granted herein or to institute the suitsuch action, action suit or proceeding in its own name, and shall have offered indemnity to the Trustee indemnity as provided in Sections 6.1 and 6.2 Section 5.01 hereof; , and the Trustee shall thereafter shall have failed fail or refused refuse to exercise the remedies, rights and powers herein granted herein or to institute the suitsuch action, action suit or proceeding in its own name. At the option of the Trustee; and such notification, such notification (or notice), request, opportunity request and offer of indemnity are hereby declared in every case at the option of the Trustee to be conditions precedent in every case, to the institution execution of the powers and trusts of this Trust Agreement, and to any suit, action or proceeding described above. No cause of action for the enforcement of this Trust 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 Series 2020 Notes Obligations shall have any right in any manner whatsoever to affect, disturb or prejudice in any manner whatsoever the security or benefit lien of this Trust Agreement by its its, his or their action, action or to enforce, enforce any right hereunder except in the manner herein provided herein, any remedy, right or power hereunder. Any suit, action or proceeding and that proceedings shall be instituted, had and maintained in the manner herein provided herein and for the benefit of the Holders of all Outstanding Obligations, on a parity basis. Nothing in this Trust Agreement Notwithstanding the foregoing, each Holder of an Obligation shall affect or impair, however, the have a right of any Holder action to enforce the payment payments of the principal of and interest due and any premium on any Obligation owned the Obligations held by that Holder him at and after the due date thereof, maturity thereof at the place, from the sources and in the manner expressed in said Obligations; provided that such Holder may not institute any such suit, if and to the Obligationextent 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.