Common use of Suits by Receiptholders Clause in Contracts

Suits by Receiptholders. All or any of the rights conferred upon any Receiptholder by any of the terms of the Subscription Receipt Certificates or of this Agreement, or of both, may be enforced by the Receiptholder by appropriate proceedings but without prejudice to the right which is hereby conferred on the Subscription Receipt Agent to proceed in its own name to enforce each and all of the provisions contained herein as agent on behalf of the Receiptholders; provided that the Receiptholders shall not bring any claim pursuant to the Subscription Receipt Certificates or this Agreement (including a claim for Indemnification under Section 5.9) or in respect of any matter envisaged by the Subscription Receipt Certificates or this Agreement, prior to the end of the Certain Funds Period, and hereby waive any right to do so. The foregoing shall not limit or restrict any right of the Receiptholders to bring any such claim after the end of the Certain Funds Period.

Suits by Receiptholders. All or any of the rights conferred upon any Receiptholder by any of the terms of the Subscription Receipt Certificates or of this Agreement, or of both, may be enforced by the Receiptholder by appropriate proceedings but without prejudice to the right which is hereby conferred on the Subscription Receipt Agent to proceed in its own name to enforce each and all of the provisions contained herein as agent on behalf of the Receiptholders; provided that the Receiptholders shall not bring any claim pursuant to the Subscription Receipt Certificates or this Agreement (including a claim for Indemnification under Section 5.9) or in respect of any matter envisaged by the Subscription Receipt Certificates or this Agreement, prior to the end of the Certain Funds Period, and hereby waive any right to do so. The foregoing shall not limit or restrict any right of the Receiptholders to bring any such claim after the end of the Certain Funds PeriodPeriod (or recover in respect thereof).