Common use of Unconditional Right of Securityholders to Institute Certain Suits Clause in Contracts

Unconditional Right of Securityholders to Institute Certain Suits. With respect to the Securities to be issued under the Indenture on or after the date of this Third Supplemental Subordinated Indenture, unless any such Security is a further issuance of Securities with the same terms as Securities originally issued prior to the date of this Third Supplemental Subordinated Indenture, the following sentence in Section 5.07 of the Indenture, which reads as follows, shall be deleted in its entirety: “Notwithstanding any other provision in this Indenture and any provision of any Security, the right of any Holder of any Security or Coupon to receive payment of the principal of and interest on such Security or Coupon on or after the respective due dates expressed in such Security or Coupon, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.” and shall be replaced with the following: “To the extent required by the Trust Indenture Act, and subject to the subordination and the other provisions in the Securities but otherwise notwithstanding any other provision in this Indenture, the right of any Holder of any Security or Coupon to receive payment of the principal of and interest on such Security or Coupon, if any, on or after the respective due dates expressly provided for pursuant to the terms of the Securities or Coupon, or to institute suit for the enforcement of any such payment, if any, on or after such respective dates, shall not be impaired or affected without the consent of such Holder.”

Unconditional Right of Securityholders to Institute Certain Suits. With respect to Nothing contained in this Indenture, in the Securities of any series or in any Coupon appertaining thereto shall affect or impair the obligation of the Issuer, which is unconditional and absolute, to be issued under pay the Indenture principal of, and premium, if any, and interest, if any, on the Securities of such series at the respective places, at the respective times, at the respective rates, in the respective amounts and in the coin, currency, or after currency unit therein and herein prescribed or to provide for the date of this Third Supplemental Subordinated Indenture, unless any such Security is a further issuance conversion of Securities with pursuant to Article Seventeen hereof if the same terms as of such Securities originally issued prior provide for such conversion pursuant to the date of this Third Supplemental Subordinated Indenture, the following sentence in Section 5.07 of the Indenture, which reads as follows, shall be deleted in its entirety: “Notwithstanding any other provision in this Indenture and any provision of any Security, 3.1 or affect the right of any Holder of a Security of any Security series or a Coupon to receive payment of the principal of and interest (or premium, if any) or interest, if any, on any such Security or Coupon on or after the Maturity of such Security or the related Interest Payment Date, or affect the right, which is also absolute and unconditional, of any Holder to require conversion of his Securities pursuant to Article Seventeen hereof if the terms of such Securities provide for convertibility pursuant to Section 3.1, or affect or impair the right of action, which is also absolute and unconditional, of any Holder of any Security or Coupon, if any, to institute suit to enforce such payment at the respective due dates expressed in such Security or Coupon, if any, or to institute suit for the enforcement of any such payment on upon redemption, by declaration, repayment or after such respective datesotherwise as herein provided without reference to, shall not be impaired or affected without the consent of such Holder.” and shall be replaced with the following: “To the extent required by the Trust Indenture Act, and subject to the subordination and the other provisions in the Securities but otherwise notwithstanding any other provision in this Indentureof, the right of any Trustee or the Holder of any Security or Coupon to receive payment of the principal of and interest on such other Security or Coupon, if any, on or after the respective due dates expressly provided for pursuant to the terms of the Securities or Coupon, or to institute suit for the enforcement of any unless such payment, if any, on or after such respective dates, shall not be impaired or affected without the consent of such HolderHolder consents thereto.”

Unconditional Right of Securityholders to Institute Certain Suits. With respect to the Securities to be issued under the Indenture on or after the date of this Third Supplemental Subordinated Indenture, unless any such Security is a further issuance of Securities with the same terms as Securities originally issued prior to the date of this Third Supplemental Subordinated Indenture, the following sentence in Section 5.07 of the Indenture, which reads as follows, shall be deleted in its entirety: “Notwithstanding any other provision Nothing contained in this Indenture or in the Securities of any series shall affect or impair the obligation of the Company, which is unconditional and absolute, to pay the principal of, and premium, if any, and interest (including any Additional Interest), if any, on, and any provision of any SecurityAdditional Amounts with respect to, the Securities of such series at the respective places, at the respective times, at the respective rates, in the respective amounts and in the coin or currency therein and herein prescribed, or affect or impair the right of action, which is also absolute and unconditional, of any Holder of any Security or Coupon to receive institute suit to enforce such payment of the principal of and interest on such Security or Coupon on or after at the respective due dates expressed in such Security or CouponSecurity, or to institute suit for the enforcement of any such payment on upon redemption, by declaration, repayment or after such respective datesotherwise as herein provided without reference to, shall not be impaired or affected without the consent of such Holder.” and shall be replaced with the following: “To the extent required by the Trust Indenture Act, and subject to the subordination and the other provisions in the Securities but otherwise notwithstanding any other provision in this Indentureof, the right of any Trustee or the Holder of any Security other Security, unless such Holder consents thereto or Coupon unless and to receive the extent that the institution or prosecution. In the case of Securities of a series issued to an EH Trust, any holder of Preferred Securities issued by such EH Trust shall have the right, upon the occurrence of an Event of Default described in Section 6.1(a) or 6.1(b) hereof, to institute directly a proceeding against the Company for enforcement of payment to such holder of principal of, and any premium and (subject to Sections 3.6, 3.8 and 3.13) interest (including any Additional Interest) on, and Additional Amounts with respect to, such Securities having a principal amount equal to the liquidation amount of such Preferred Securities held by such holder (a "Direct Action"). Notwithstanding any payments made to a holder of Preferred Securities by the Company in connection with a Direct Action, the Company shall remain obligated to pay the principal of and interest on such Security or Couponpremium, if any, or interest on or after the respective due dates expressly provided for pursuant to the terms of the Securities or Coupon, or to institute suit for the enforcement of any such paymentand Additional Amounts, if any, on or after such respective dateswith respect to the related Securities, and the Company shall not be impaired or affected without subrogated to the consent rights of the holder of such HolderPreferred Securities with respect to payments on the Preferred Securities to the extent of any payments made by the Company to such holder in any Direct Action.”

Unconditional Right of Securityholders to Institute Certain Suits. With respect to the Securities to be issued under the Indenture on or after the date of this Third Supplemental Subordinated Indenture, unless any such Security is a further issuance of Securities with the same terms as Securities originally issued prior to the date of this Third Supplemental Subordinated Indenture, the following sentence in Section 5.07 of the Indenture, which reads as follows, shall be deleted in its entirety: “Notwithstanding any other provision Nothing contained in this Indenture or in the Securities of any series shall affect or impair the obligation of the Company, which is unconditional and absolute, to pay the principal of, and premium, if any, and interest (including any Additional Interest), if any, on, and any provision of any SecurityAdditional Amounts with respect to, the Securities of such series at the respective places, at the respective times, at the respective rates, in the respective amounts and in the coin or currency therein and herein prescribed, or affect or impair the right of action, which is also absolute and unconditional, of any Holder of any Security or Coupon to receive institute suit to enforce such payment of the principal of and interest on such Security or Coupon on or after at the respective due dates expressed in such Security or CouponSecurity, or to institute suit for the enforcement of any such payment on upon redemption, by declaration, repayment or after such respective datesotherwise as herein provided without reference to, shall not be impaired or affected without the consent of such Holder.” and shall be replaced with the following: “To the extent required by the Trust Indenture Act, and subject to the subordination and the other provisions in the Securities but otherwise notwithstanding any other provision in this Indentureof, the right of any Trustee or the Holder of any Security other Security, unless such Holder consents thereto or Coupon unless and to receive the extent that the institution or prosecution. In the case of Securities of a series issued to a QCH Capital Trust, any holder of Preferred Securities issued by such QCH Capital Trust shall have the right, upon the occurrence of an Event of Default described in Section 6.1(a) or 6.1(b) hereof, to institute directly a proceeding against the Company for enforcement of payment to such holder of principal of, and any premium and (subject to Sections 3.6, 3.8 and 3.13) interest (including any Additional Interest) on, and Additional Amounts with respect to, such Securities having a principal amount equal to the liquidation amount of such Preferred Securities held by such holder (a "Direct Action"). Notwithstanding any payments made to a holder of Preferred Securities by the Company in connection with a Direct Action, the Company shall remain obligated to pay the principal of and interest on such Security or Couponpremium, if any, or interest on or after the respective due dates expressly provided for pursuant to the terms of the Securities or Coupon, or to institute suit for the enforcement of any such paymentand Additional Amounts, if any, on or after such respective dateswith respect to the related Securities, and the Company shall not be impaired or affected without subrogated to the consent rights of the holder of such HolderPreferred Securities with respect to payments on the Preferred Securities to the extent of any payments made by the Company to such holder in any Direct Action.”