Common use of Limitation on Remedies Clause in Contracts

Limitation on Remedies. No Holder of any of the Securities of a series will have any right to institute any proceeding, judicial or otherwise, to appoint a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given notice to the Trustee of a continuing Event of Default with respect to such series, (2) the Holders of not less than 25% of the principal amount of the outstanding Securities of such series have made written request to such Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3) such Holder or Holders have offered to such Trustee indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any proceeding, and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the principal amount of the outstanding Securities of such series. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will have any right to institute any proceeding, judicial or otherwise, to appoint a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given notice to the Trustee of a continuing Event of Default with respect to such seriesDefault, (2) the Holders of not less than 25% of the principal amount of the outstanding Securities of such series have made written request to such Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3) such Holder or Holders have offered to such Trustee indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any proceeding, and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the principal amount of the outstanding Securities of such seriesSecurities. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders).

Limitation on Remedies. No Holder of any of the Securities of a series Notes will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series,Default; (2) the Holders of not less than 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to such Trustee to pursue such remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture,; (3) such Holder or Holders have offered to such Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request,; (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, ; and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will Notes shall have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series,Default; (2) the Holders of not less than 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to the Trustee to pursue such Trustee remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture,; (3) such Holder or Holders have offered to such the Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request,; (4) such the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, ; and (5) no direction inconsistent with such written request has been given to such the Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will have any right to institute any proceeding, judicial or otherwise, to appoint a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such seriesDefault, (2) the Holders of not less than 25% of the principal amount of the outstanding Securities of such series have made written request to such Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3) such Holder or Holders have offered to such Trustee indemnity reasonably or security satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such the Trustee for 60 days after its receipt of such notice, request and offer of indemnity or security has failed to institute any proceeding, and (5) no direction inconsistent with such written request has been given to such the Trustee during such 60-day period by the Holders of a majority of the principal amount of the outstanding Securities of such seriesSecurities. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will Notes shall have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series,Default; (2) the Holders of not less than 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to the Trustee to pursue such Trustee remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture,; (3) such Holder or Holders have offered to such the Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request,; (4) such the Trustee for 60 sixty (60) days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, ; and (5) no direction inconsistent with such written request has been given to such the Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. (a) No Holder of any of the Securities of a series Notes will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series,Default; (2) the Holders of not less than 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to such Trustee to pursue such remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture,; (3) such Holder or Holders have offered to such Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request,; (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, ; and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such series. Notes. (b) A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will Notes shall have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) : such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series, (2) Default; the Holders of not less than 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to the Trustee to pursue such Trustee remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3) ; such Holder or Holders have offered to such the Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such ; the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, and (5) ; and no direction inconsistent with such written request has been given to such the Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Subject to Section 6.07, no Holder of any of the Securities of a series will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1i) such Holder has previously given notice to the Trustee of a continuing Event of Default with respect to such seriesDefault, (2ii) the Holders of not less than 25% of the in principal amount of the outstanding Securities of such series have made written request to such Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3iii) such Holder or Holders have offered and, if requested, provided to such Trustee indemnity reasonably satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request, (4iv) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding, and (5v) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the in principal amount of the outstanding Securities of such seriesSecurities. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will have any right to institute any proceeding, judicial or otherwise, to appoint a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series, (2) the Holders of not less than 25% of the principal amount of the outstanding Securities of such series have made written request to such Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3) such Holder or Holders have offered to such Trustee indemnity or security reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity or security has failed to institute any proceeding, and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the principal amount of the outstanding Securities of such series. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series Notes will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series,Default; (2) the Holders of not less than at least 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to the Trustee to pursue such Trustee remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture,; (3) such Holder or Holders have offered to such the Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request,; (4) such the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, ; and (5) no direction inconsistent with such written request has been given to such the Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series Notes will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given notice to the Trustee of a continuing Event of Default with respect to such seriesDefault, (2) the Holders of not less than 25% of the in principal amount of the outstanding Securities of such series Notes have made written request to such Trustee to pursue such remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this the Indenture, (3) such Holder or Holders have offered to such Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any proceeding, and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the in principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.

Limitation on Remedies. No Holder of any of the Securities of a series will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given notice to the Trustee of a continuing Event of Default with respect to such seriesDefault, (2) the Holders of not less than 25% of the principal amount of the outstanding Securities of such series have made written request to such Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture, (3) such Holder or Holders have offered to such Trustee indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request, (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any proceeding, and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the principal amount of the outstanding Securities of such seriesSecurities. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders.). [[NYCORP:2551417v7:3642W:11/08/05--03:56 p]]

Limitation on Remedies. No Holder of any of the Securities of a series Notes will have any right to institute any proceeding, judicial or otherwise, to appoint or for the appointment of a receiver or trustee or to pursue any remedy under this Indenture, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to such series,Default; <PAGE> 49 (2) the Holders of not less than 25% of the in aggregate principal amount of the outstanding Securities of such series Notes have made written request to such Trustee to pursue such remedy, including, if applicable, to institute proceedings in respect of such Event of Default in its own name as Trustee under this Indenture,; (3) such Holder or Holders have offered to such Trustee reasonable indemnity reasonably and security satisfactory to it the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request,; (4) such Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such requested proceeding, ; and (5) no direction inconsistent with such written request has been given to such Trustee during such 60-day period by the Holders of a majority of the in aggregate principal amount of the outstanding Securities of such seriesNotes. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over other Holders.