SUITS BY DEBENTUREHOLDERS AND TRUSTEE Sample Clauses

SUITS BY DEBENTUREHOLDERS AND TRUSTEE. 11.1 Debentureholders May Not Xxx‌ No holder of any Debenture shall have any right to institute any action, suit or proceeding at law, in equity or otherwise for the purpose of enforcing payment of the principal of or any interest on the Debentures or for the execution of any trust or power hereunder or for the appointment of a liquidator or Receiver or for a receiving order under the Bankruptcy and Insolvency Act (Canada) or to have the Corporation wound up or to file or prove a claim in any liquidation or bankruptcy proceedings or for any other remedy hereunder, unless the holders of at least sixty-six and two-thirds percent (66 2/3%) in principal amount of the Debentures then outstanding shall have made a written request to the Trustee or the Debentureholders by resolution passed at a meeting duly held as hereinafter provided in Article 16 of this Indenture have made a request to the Trustee and in either case the Trustee shall have been afforded reasonable opportunities either itself to proceed to exercise the powers hereinbefore granted or to institute an action, suit or proceeding in its name for such purpose; nor unless such Debentureholder or Debentureholders shall also have furnished to the Trustee, when so requested by the Trustee, sufficient funds and security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby; nor unless the Trustee shall also have failed to act within a reasonable time after such notification, request and offer of indemnity; and such request and offer of indemnity are hereby declared in every such case, to be conditions precedent to any such action, suit or proceeding as aforesaid by or on behalf of the holder or holders of such Debentures or any of them; it being understood and intended that no one or more holders of Debentures shall have any right in any manner whatsoever to enforce any right hereunder, except in the manner herein provided, and that all powers and trusts hereunder shall be exercised and all proceedings at law, in equity or otherwise shall be instituted, had and maintained by the Trustee, except only as herein provided, and only in any event for the equal benefit of all holders of outstanding Debentures in proportion to the amounts to which they may respectively be entitled hereunder.
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SUITS BY DEBENTUREHOLDERS AND TRUSTEE. 34 SECTION 11.01 DEBENTUREHOLDERS MAY NOT XXX.............................................................34 SECTION 11.02 TRUSTEE NOT REQUIRED TO POSSESS DEBENTURES...............................................34 SECTION 11.03 TRUSTEE MAY INSTITUTE ALL PROCEEDINGS....................................................34 SECTION 11.04 DEBENTUREHOLDERS MAY WAIVE DEFAULT.......................................................34 SECTION 11.05 IMMUNITY OF OFFICERS, SHAREHOLDERS AND DIRECTORS.........................................35 ARTICLE XII NEW TRUSTEE..........................................................................................35
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SUITS BY DEBENTUREHOLDERS AND TRUSTEE. 39 11.01 Debentureholder May Not Xxx.........................................39 11.02 Trustee May Xxx Without Possession of Debentures....................40 11.03 Delay Not Waiver....................................................40 11.04
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SUITS BY DEBENTUREHOLDERS AND TRUSTEE 
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Related to SUITS BY DEBENTUREHOLDERS AND TRUSTEE

  • Reports by Trustee to Holders of the Notes (a) Within 60 days after each May 15 beginning with the May 15 following the date of this Indenture, and for so long as Notes remain outstanding, the Trustee will mail to the Holders of the Notes a brief report dated as of such reporting date that complies with TIA § 313(a) (but if no event described in TIA § 313(a) has occurred within the twelve months preceding the reporting date, no report need be transmitted). The Trustee also will comply with TIA § 313(b)(2). The Trustee will also transmit by mail all reports as required by TIA § 313(c).

  • Reports by Indenture Trustee to Holders The Indenture Trustee shall deliver to each Noteholder such information as may be required to enable such holder to prepare its federal and state income tax returns.

  • Reports by Indenture Trustee If required by TIA Section 313(a), within 60 days after each December 31, beginning with December 31, 2016, the Indenture Trustee shall mail to each Noteholder as required by TIA Section 313(c) a brief report dated as of such date that complies with TIA Section 313(a). The Indenture Trustee also shall comply with TIA Section 313(b). A copy of each report at the time of its mailing to Noteholders shall be filed by the Indenture Trustee with the Commission and each stock exchange, if any, on which the Notes are listed. The Issuer shall notify the Indenture Trustee if and when the Notes are listed on any stock exchange.

  • CERTIFICATEHOLDERS' LISTS AND REPORTS BY TRUSTEE Section 8.01. The Company to Furnish Trustee with Names and Addresses of Certificateholders. The Company will furnish to the Trustee within 15 days after each Record Date with respect to a Scheduled Payment, and at such other times as the Trustee may request in writing within 30 days after receipt by the Company of any such request, a list, in such form as the Trustee may reasonably require, of all information in the possession or control of the Company as to the names and addresses of the Certificateholders, in each case as of a date not more than 15 days prior to the time such list is furnished; provided, however, that so long as the Trustee is the sole Registrar, no such list need be furnished; and provided further, however, that no such list need be furnished for so long as a copy of the Register is being furnished to the Trustee pursuant to Section 7.12.

  • Suits by Warrantholders All or any of the rights conferred upon any Warrantholder by any of the terms of this Indenture may be enforced by the Warrantholder by appropriate proceedings but without prejudice to the right which is hereby conferred upon the Warrant Agent to proceed in its own name to enforce each and all of the provisions herein contained for the benefit of the Warrantholders.

  • Reports by Indenture Trustee to Noteholders The Indenture Trustee shall deliver to each Noteholder (and to each Person who was a Noteholder at any time during the applicable calendar year) such information as may be required to enable such holder to prepare its Federal and state income tax returns. Within 60 days after each December 31 beginning with the December 31 following the date of this Indenture, the Indenture Trustee shall mail to each Noteholder a brief report as of such December 31 that complies with TIA § 313(a) if required by said section. The Indenture Trustee shall also comply with TIA § 313(b). A copy of each such report required pursuant to TIA § 313(a) or (b) shall, at the time of such transaction to Noteholders, be filed by the Indenture Trustee with the Commission and with each securities exchange, if any, upon which the Notes are listed, provided that the Issuer has previously notified the Indenture Trustee of such listing.

  • Securityholders Lists and Reports by the Company and the Trustee Section 5.01 Company to Furnish Trustee Names and Addresses of Securityholders. The Company will furnish or cause to be furnished to the Trustee (a) within 15 days after each regular record date (as defined in Section 2.03) a list, in such form as the Trustee may reasonably require, of the names and addresses of the holders of each series of Securities as of such regular record date, provided that the Company shall not be obligated to furnish or cause to furnish such list at any time that the list shall not differ in any respect from the most recent list furnished to the Trustee by the Company and (b) at such other times as the Trustee may request in writing within 30 days after the receipt by the Company of any such request, a list of similar form and content as of a date not more than 15 days prior to the time such list is furnished; provided, however, that, in either case, no such list need be furnished for any series for which the Trustee shall be the Security Registrar.

  • Lists of Holders and Reports by the Company and the Trustee Section 5.01. Lists of Holders 27 Section 5.02. Preservation and Disclosure of Lists 27

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