Common use of Rights of Holders of Majority in Principal Amount Clause in Contracts

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTS. The holders of a majority in aggregate principal amount of the Securities of any series at the time outstanding, determined in accordance with Section 8.04, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee with respect to such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial to the rights of holders of Securities of any other series at the time outstanding determined in accordance with Section 8.04 not parties thereto. Subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed might involve the Trustee in personal liability. The holders of a majority in aggregate principal amount of the Securities of any series at the time outstanding affected thereby, determined in accordance with Section 8.04, may on behalf of the holders of all of the Securities of such series waive any past default in the performance of any of the covenants contained herein or established pursuant to Section 2.01 with respect to such series and its consequences, except a default in the payment of the principal of, or premium, if any, or interest on, any of the Securities of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and a sum sufficient to pay all matured installments of interest and principal otherwise than by acceleration and any premium has been deposited with the Trustee (in accordance with Section 6.01(c))) or a call for redemption of Securities of that series. Upon any such waiver, the default covered thereby shall be deemed to be cured for all purposes of this Indenture and the Company, the Trustee and the holders of the Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon.

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Debt Securities to Direct Trustee and to Waive Default. The holders Holders of not less than a majority in aggregate principal amount of the Debt Securities of any series at the time outstanding, determined in accordance with Section 8.04, Outstanding shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or of exercising any right, trust or power conferred on the Trustee Trustee, with respect to the Debt Securities of such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial to the rights of holders of Securities of any other series at the time outstanding determined otherwise than in accordance with Section 8.04 not parties thereto. Subject law and the provisions of this Indenture, and that subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, being advised by a Responsible Officer or Officers of the Trustee, counsel shall determine that the proceeding action so directed might involve may not lawfully be taken or is inconsistent with any provision of this Indenture, or if the Trustee shall by a responsible officer or officers determine that the action so directed would involve it in personal liabilityliability or would be unduly prejudicial to Holders of Debt Securities of such series not taking part in such direction; and provided, further, however, that nothing in this Indenture contained shall impair the right of the Trustee to take any action deemed proper by the Trustee and which is not inconsistent with such direction by such Holders. The holders Holders of not less than a majority in aggregate principal amount of the Debt Securities of any series at the time outstanding affected thereby, determined in accordance with Section 8.04, Outstanding may on behalf of the holders Holders of all of the Debt Securities of such that series waive any past default in the performance Default or Event of any of the covenants contained herein or established pursuant to Section 2.01 with respect to such series Default and its consequencesconsequences for that series, except a default Default or Event of Default in the payment of the principal of, or and premium, if any, or interest on, any of the Debt Securities of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and a sum sufficient to pay all matured installments Default or Event of interest and principal otherwise than by acceleration and any premium has been deposited with Default in respect of a provision that under Section 9.02 cannot be amended without the Trustee (in accordance with Section 6.01(c))) or a call for redemption consent of Securities each Holder affected thereby. In case of that series. Upon any such waiver, the default covered thereby such Default shall cease to exist, any Event of Default arising therefrom shall be deemed to be have been cured for all purposes every purpose of this Indenture Indenture, and the CompanyGuarantors, the Issuers, the Trustee and the holders Holders of the Debt Securities of such that series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or Event of Default or impair any right consequent thereon.

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Securities to Direct Trustee and to Waive Default. The holders of at least a majority in aggregate principal amount of the Securities of any one or more series or of all the Securities, as the case may be (voting as one class), at the time outstanding, outstanding (determined as provided in accordance with Section 8.04, ) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee under this Indenture with respect to such one or more series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial subject to the rights of holders of Securities of any other series at the time outstanding determined in accordance with Section 8.04 not parties thereto. Subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee being advised by Opinion of Counsel determines that the action so directed may not lawfully be taken, or if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding proceedings so directed might would be illegal or involve it in personal liability or be unduly prejudicial to the rights of Securityholders of such one or more series not parties to such direction, and provided further that nothing in this Indenture shall impair the right of the Trustee in personal liabilityto take any action deemed proper by the Trustee and which is not inconsistent with such direction by such Securityholders of such one or more series. The holders of at least a majority in aggregate principal amount of the Securities of any all series as to which an Event of Default hereunder has occurred (all series voting as one class) at the time outstanding affected thereby, (determined as provided in accordance with Section 8.04) and, may on behalf in the case of any Preferred Securities of a series issued to an Aon Trust, the holders of all at least a majority in aggregate liquidation amount of the Preferred Securities of issued by such series Aon Trust, may waive any past default in the performance of any of the covenants contained herein or established pursuant to Section 2.01 hereunder with respect to such series and its consequences, except a default in the payment of the principal of, or premium, if any, of or interest on, on any of the Securities of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and or Preferred Securities or in respect of a sum sufficient to pay all matured installments covenant or provision hereof which under Article Ten cannot be modified or amended without the consent of interest and principal otherwise than by acceleration and any premium has been deposited with the Trustee (in accordance with Section 6.01(c))) or a call for redemption holder of Securities of that serieseach Security so affected. Upon any such waiver, the such default covered thereby shall cease to exist and any Event of Default arising therefrom shall be deemed to be have been cured for all purposes every purpose of this Indenture and the CompanyIndenture, the Trustee and the holders of the Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Any such waiver shall be deemed to be on behalf of the holders of all the Securities of such series or, in the case of a waiver by holders of Preferred Securities issued by such Aon Trust, by all holders of Preferred Securities issued by such Aon Trust.

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Securities to Direct Trustee and to Waive Default. The holders of at least a majority in aggregate principal amount of the Securities of any one or more series or of all the Securities, as the case may be (voting as one class), at the time outstanding, outstanding (determined as provided in accordance with Section 8.04, 8.4) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee under this Indenture with respect to such one or more series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial subject to the rights of holders of Securities of any other series at the time outstanding determined in accordance with Section 8.04 not parties thereto. Subject to the provisions of Section 7.017.1, the Trustee shall have the right to decline to follow any such direction if the Trustee being advised by Opinion of Counsel determines that the action so directed may not lawfully be taken, or if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding proceedings so directed might would be illegal or involve it in personal liability or be unduly prejudicial to the rights of Securityholders of such one or more series not parties to such direction, and provided further that nothing in this Indenture shall impair the right of the Trustee in personal liabilityto take any action deemed proper by the Trustee and which is not inconsistent with such direction by such Securityholders of such one or more series. The holders of at least a majority in aggregate principal amount of the Securities of any all series as to which an Event of Default hereunder has occurred (all series voting as one class) at the time outstanding affected thereby, (determined as provided in accordance with Section 8.048.4), may on behalf of the holders of all of the Securities of such series waive any past default in the performance of any of the covenants contained herein or established pursuant to Section 2.01 hereunder with respect to such series and its consequences, except a default in the payment of the principal of, or premium, if any, of or interest on, on any of the Securities of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and or in respect of a sum sufficient to pay all matured installments covenant or provision hereof which under Article Ten cannot be modified or amended without the consent of interest and principal otherwise than by acceleration and any premium has been deposited with the Trustee (in accordance with Section 6.01(c))) or a call for redemption holder of Securities of that serieseach Security so affected. Upon any such waiver, the such default covered thereby shall cease to exist and any Event of Default arising therefrom shall be deemed to be have been cured for all purposes every purpose of this Indenture and the CompanyIndenture, the Trustee and the holders of the Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Any such waiver shall be deemed to be on behalf of the holders of all the Securities of such series.

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Debt Securities to Direct Trustee and to Waive Default. The holders Holders of a majority in aggregate principal amount of the Debt Securities of any series at the time outstanding, determined in accordance with Section 8.04, Outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any right, trust or power conferred on the Trustee Trustee, with respect to the Debt Securities of such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial to the rights of holders of Securities of any other series at the time outstanding determined otherwise than in accordance with Section 8.04 not parties thereto. Subject law and the provisions of this Indenture, and that subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, being advised by a Responsible Officer or Officers of the Trustee, counsel shall determine that the proceeding action so directed might involve may not lawfully be taken, or if the Trustee shall by a responsible officer or officers determine that the action so directed would involve it in personal liabilityliability or would be unduly prejudicial to Holders of Debt Securities of such series not taking part in such direction; and provided, further, however, that nothing in this Indenture contained shall impair the right of the Trustee to take any action deemed proper by the Trustee and which is not inconsistent with such direction by such Holders. The holders Prior to the acceleration of the maturity of the Debt Securities of any series, as provided in Section 6.01, the Holders of a majority in aggregate principal amount of the Debt Securities of any that series at the time outstanding affected thereby, determined in accordance with Section 8.04, Outstanding may on behalf of the holders Holders of all of the Debt Securities of such that series waive any past default in the performance Default or Event of any of the covenants contained herein or established pursuant to Section 2.01 with respect to such series Default and its consequencesconsequences for that series, except a default Default in the payment of the principal of, or and premium, if any, or interest on, any of the Debt Securities of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and a sum sufficient to pay all matured installments Default in respect of interest and principal otherwise than by acceleration and any premium has been deposited with a provision that under Section 9.02 cannot be amended without the Trustee (in accordance with Section 6.01(c))) or a call for redemption consent of Securities each Holder affected thereby. In case of that series. Upon any such waiver, the default covered thereby such Default shall cease to exist, any Event of Default arising therefrom shall be deemed to be have been cured for all purposes every purpose of this Indenture Indenture, and the Subsidiary Guarantors, the Company, the Trustee and the holders Holders of the Debt Securities of such that series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereon.

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Debt --------------------------------------------------------- Securities to Direct Trustee and to Waive Default. The holders Holders of a majority ------------------------------------------------- in aggregate principal amount of the Debt Securities of any series at the time outstanding, determined in accordance with Section 8.04, Outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Debt Securities of such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial to the rights of holders of Securities of any other series at the time outstanding determined otherwise than in accordance with Section 8.04 not parties thereto. Subject law and the provisions of this Indenture, and that subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, being advised by a Responsible Officer or Officers of the Trustee, counsel shall determine that the proceeding action so directed might involve may not lawfully be taken, or if the Trustee shall by a responsible officer or officers determine that the action so directed would involve it in personal liabilityliability or would be unjustly prejudicial to Holders of Debt Securities of such series not taking part in such direction; and provided, further, however, that nothing in this Indenture contained shall impair the right of the Trustee to take any action deemed proper by the Trustee and which is not inconsistent with such direction by such Holders. The holders Prior to the acceleration of the maturity of the Debt Securities of any series, as provided in Section 6.01, the Holders of a majority in aggregate principal amount of the Debt Securities of any that series at the time outstanding affected thereby, determined in accordance with Section 8.04, Outstanding may on behalf of the holders Holders of all the Debt Securities and any related Coupons of the Securities of such that series waive any past default Default or Event of Default and its consequences for that series specified in the performance of any of the covenants contained herein or established pursuant to Section 2.01 with respect to such series and its consequences, except a default in the payment of the principal of, or premium, if any, or interest on, any of the Securities of that series terms thereof as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and a sum sufficient to pay all matured installments of interest and principal otherwise than by acceleration and any premium has been deposited with the Trustee (in accordance with Section 6.01(c))) or a call for redemption of Securities of that series. Upon any such waiver, the default covered thereby shall be deemed to be cured for all purposes of this Indenture and the Company, the Trustee and the holders of the Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon.contemplated

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Debt Securities to Direct Trustee and to Waive Default. The holders Holders of a majority in aggregate principal amount of the Debt Securities of any series at the time outstanding, determined in accordance with Section 8.04, Outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the Debt Securities of such series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial to the rights of holders of Securities of any other series at the time outstanding determined otherwise than in accordance with Section 8.04 not parties thereto. Subject law and the provisions of this Indenture, and that subject to the provisions of Section 7.01, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, being advised by a Responsible Officer or Officers of the Trustee, counsel shall determine that the proceeding action so directed might involve may not lawfully be taken, or if the Trustee shall by a responsible officer or officers determine that the action so directed would involve it in personal liabilityliability or would be unjustly prejudicial to Holders of Debt Securities of such series not taking part in such direction; and provided, further, however, that nothing in this Indenture contained shall impair the right of the Trustee to take any action deemed proper by the Trustee and which is not inconsistent with such direction by such Holders. The holders Prior to the acceleration of the maturity of the Debt Securities of any series, as provided in Section 6.01, the Holders of a majority in aggregate principal amount of the Debt Securities of any that series at the time outstanding affected thereby, determined in accordance with Section 8.04, Outstanding may on behalf of the holders Holders of all the Debt Securities and any related Coupons of the Securities of such that series waive any past default Default or Event of Default and its consequences for that series specified in the performance of any of the covenants contained herein or established pursuant to terms thereof as contemplated by Section 2.01 with respect to such series and its consequences2.05, except a default Default in the payment of the principal of, or and premium, if any, or interest on, any of the Debt Securities or in the payment of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured any related Coupon and a sum sufficient to pay all matured installments Default in respect of interest and principal otherwise than by acceleration and any premium has been deposited with a provision that under Section 9.02 cannot be amended without the Trustee (in accordance with Section 6.01(c))) or a call for redemption consent of Securities each Holder affected thereby. In case of that series. Upon any such waiver, the default covered thereby such Default shall cease to exist, any Event of Default arising therefrom shall be deemed to be have been cured for all purposes every purpose of this Indenture Indenture, and the Company, the Trustee and the holders Holders of the Debt Securities of such that series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default Default or impair any right consequent thereon.

Rights of Holders of Majority in Principal Amount. OF SECURITIES TO DIRECT TRUSTEE AND TO WAIVE DEFAULTSof Securities to Direct Trustee and to Waive Default. The holders of a majority more than 50% in aggregate principal amount of the Securities of any one or more series or of all the Securities, as the case may be (voting as one class), at the time outstanding, outstanding (determined as provided in accordance with Section 8.04, 8.4) shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the U.S. Trustee, or exercising any trust or power conferred on the U.S. Trustee under this Indenture with respect to such one or more series; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture or unduly prejudicial subject to the rights of holders of Securities of any other series at the time outstanding determined in accordance with Section 8.04 not parties thereto. Subject to the provisions of Section 7.017.1, the U.S. Trustee shall have the right to decline to follow any such direction if the U.S. Trustee being advised by counsel determines that the action so directed may not lawfully be taken, or if the U.S. Trustee in good faith shall, by a Responsible Officer or Officers of the U.S. Trustee, determine that the proceeding proceedings so directed might would be illegal or would conflict with this Indenture, or involve the Trustee it in personal liabilityliability or be unduly prejudicial to the rights of Securityholders of such one or more series not parties to such direction (it being understood that the U.S. Trustee does not have an affirmative duty to ascertain whether or not any such directions are unduly prejudicial to such Holders), and provided further that nothing in this Indenture shall impair the right of the U.S. Trustee to take any action deemed proper by the U.S. Trustee and which is not inconsistent with such direction by such Securityholders of such one or more series. The holders of a majority more than 50% in aggregate principal amount of the Securities of any each series as to which a default or an Event of Default hereunder has occurred (each series voting as a separate class) at the time outstanding affected thereby, (determined as provided in accordance with Section 8.048.4), may on behalf of the holders of all of the Securities of such series waive any past default in the performance or Event of any of the covenants contained herein or established pursuant to Section 2.01 Default hereunder with respect to such series and its consequences, except a default in the payment of the principal of, or premium, if any, of or interest on, on any of the Securities of that series as and when the same shall become due by the terms of such Securities otherwise than by acceleration (unless such default has been cured and or in respect of a sum sufficient to pay all matured installments covenant or provision hereof which under Article X cannot be modified or amended without the consent of interest and principal otherwise than by acceleration and any premium has been deposited with the Trustee (in accordance with Section 6.01(c))) or a call for redemption holder of Securities of that serieseach Security so affected. Upon any such waiver, the such default covered thereby shall cease to exist and any Event of Default arising therefrom shall be deemed to be have been cured for all purposes every purpose of this Indenture and the CompanyIndenture, the Trustee and the holders of the Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Any such waiver shall be deemed to be on behalf of the holders of all the Securities of such series.