Common use of Limitation on Suits Clause in Contracts

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 146 contracts

Sources: Indenture (Abbott Laboratories), Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 76 contracts

Sources: Senior Indenture (Rearden Minerals, LLC), Senior Indenture (Amplify Energy Corp.), Subordinated Indenture (Kanawha River Terminals, LLC)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 41 contracts

Sources: Indenture (PF2 SpinCo, Inc.), Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 25 contracts

Sources: Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.), Indenture (Willis Netherlands Holdings B.V.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 23 contracts

Sources: Indenture (FMC Corp), Indenture (Wesbanco Inc), Indenture (FMC Corp)

Limitation on Suits. No Holder of any Security of any series Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesSeries; (2b) the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity or security satisfactory to the Trustee against the costs, expenses and liabilities to which might be incurred by the Trustee in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries; it being understood understood, intended and intended expressly covenanted by the Holder of every Security with every other Holder and the Trustee that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders of such Holdersthe applicable Series.

Appears in 17 contracts

Sources: Indenture (Digital Turbine, Inc.), Indenture (Connect Biopharma Holdings LTD), Indenture (Zentalis Pharmaceuticals, Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1A) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2B) the Holders of not less than 25% in principal amount of the Outstanding then outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3C) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request; (4D) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5E) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesoutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 14 contracts

Sources: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Price Communications Corp)

Limitation on Suits. No Holder of any Security of any series shall have any Except to enforce the right to institute receive payment of principal, premium, if any, or interest when due, no Holder shall pursue any proceeding, judicial or otherwise, remedy with respect to this Indenture, Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunderNotes, unless: (1) such Holder has previously given the Trustee written notice to the Trustee of a continuing that an Event of Default with respect to the Securities of that seriesis continuing; (2) the Holders of not less than 25at least 30% in aggregate principal amount of the total Outstanding Securities of that series shall Notes have made written request to requested the Trustee in writing to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderpursue the remedy; (3) such Holder or Holders have offered provided to the Trustee reasonable indemnity or security satisfactory to the Trustee against the costsany loss, expenses and liabilities to be incurred in compliance with such requestliability, claim or expense; (4) the Trustee for has not complied with such request within 60 days after its the receipt of such notice, request thereof and the offer of indemnity has failed to institute any such proceedingsecurity or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the then total Outstanding Securities of that series; Notes have not given the Trustee a direction inconsistent with such request within such 60-day period, it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of the Holders (it being further 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).

Appears in 13 contracts

Sources: Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that such series; (2) the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that such series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that such series; it being understood and intended that no one or more Holders of Securities of such Holders series shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of Securities of such Holdersseries, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of all Securities of such Holdersseries.

Appears in 12 contracts

Sources: Indenture (Revlon Inc /De/), Indenture (Revlon Inc /De/), Indenture (Taylor Morrison Home Corp)

Limitation on Suits. No Holder holder of any Security of any series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder holder or Holders holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more such holders of such Holders Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Securities or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such holders of such HoldersSecurities.

Appears in 11 contracts

Sources: Subordinated Indenture (Veritex Holdings, Inc.), Subordinated Indenture (BCB Bancorp Inc), Subordinated Indenture (Howard Bancorp Inc)

Limitation on Suits. No Subject to Section 5.08, no Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1i) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2ii) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3iii) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; (4iv) the Trustee for 60 45 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 the Trustee during such 6045-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 11 contracts

Sources: Senior Indenture (Greenbrier Rail Holdings I, LLC), Subordinated Indenture (Greenbrier Rail Holdings I, LLC), Indenture (United Rentals Inc /De)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 11 contracts

Sources: Indenture (Financial Security Assurance Holdings LTD), Indenture (Xl Capital LTD), Indenture (Xl Capital LTD)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 10 contracts

Sources: Indenture (Sports Authority Inc /De/), Indenture (Cuc International Inc /De/), Indenture (Tech Data Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1A) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2B) the Holders of not less than 25% in principal amount of the Outstanding then outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3C) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request; (4D) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5E) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesthen outstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 9 contracts

Sources: Indenture (Halter Marine Group Inc), Indenture (United States Filter Corp), Indenture (Antec Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or receiver, assignee, trustee, liquidator or sequestrator (or similar official) or for any other remedy hereunder, unless: (1a) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered offered, and if requested, provided to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of indemnity security or indemnity, has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series; , it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 8 contracts

Sources: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.)

Limitation on Suits. No Holder of any Security of any series Notes shall have any right to institute any proceeding, judicial or otherwise, with respect to this the Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee such reasonable indemnity as the Trustee may require against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this the Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this the Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 7 contracts

Sources: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the The Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 7 contracts

Sources: Indenture (United States Steel Corp), Indenture (Usx Corp), Indenture (Usx Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to Note may institute any proceeding, judicial or otherwise, with respect to action under this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unlessunless and until: (1) such Holder has previously given the Trustee written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% a majority in aggregate principal amount of the Outstanding Securities of that series shall Notes have made written request to requested the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders has or have offered to the Trustee such reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such requestrequest as the Trustee may require; (4) the Trustee has failed to institute any such proceeding for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingindemnity; and (5) no inconsistent direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more Holders of such Holders Notes shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of such HoldersNotes, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of such Holdersall Notes.

Appears in 7 contracts

Sources: Indenture (Gencor Industries Inc), Indenture (Bottling Group LLC), Indenture (Bottling Group LLC)

Limitation on Suits. No Holder holder of any Security of any series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder holder or Holders holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more such holders of such Holders Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Securities or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such holders of such HoldersSecurities.

Appears in 7 contracts

Sources: Subordinated Indenture (Uscb Financial Holdings, Inc.), Senior Indenture (Summit Financial Group, Inc.), Subordinated Indenture (Summit Financial Group, Inc.)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 7 contracts

Sources: Indenture (Westbridge Capital Corp), Indenture (Iat Multimedia Inc), Indenture (Triad Guaranty Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the The Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 7 contracts

Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 7 contracts

Sources: First Supplemental Indenture (BrightSpring Health Services, Inc.), First Supplemental Indenture (BrightSpring Health Services, Inc.), First Supplemental Indenture (BrightSpring Health Services, Inc.)

Limitation on Suits. No Subject to Section 7.08, no Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than at least 25% in principal amount of the Outstanding Securities of that series outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderpursue the remedy; (3c) such Holder or Holders have offered to the Trustee reasonable security or indemnity and/or security satisfactory to it against the costsloss, expenses and liabilities liability or expense to be incurred in compliance with such request; (4d) the Trustee has not complied with such request for 60 days after its receipt of such notice, request notice and offer of indemnity has failed to institute any such proceedingsecurity or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities outstanding Notes have not given the Trustee a direction that, in the opinion of that series; the Trustee, inconsistent with such written request within such 60-day period, it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 7 contracts

Sources: Indenture (Redwood Trust Inc), Indenture (Redwood Trust Inc), Indenture (Redwood Trust Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 7 contracts

Sources: Indenture (Arch Capital Group (U.S.) Inc.), Indenture (Rowan Companies Inc), Indenture (Mediacom Capital Corp)

Limitation on Suits. No Holder holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder holder or Holders holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more such holders of such Holders Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Securities or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such holders of such HoldersSecurities.

Appears in 6 contracts

Sources: Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Amalgamated Financial Corp.)

Limitation on Suits. No Holder of any Security Note of any either series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities Notes of that series;; and (2) the Holders of not less than at least 25% in principal amount of the Outstanding Securities outstanding Notes of that series shall have made written request to the Trustee Trustee, and offered (and if requested, provided) indemnity or security satisfactory to the Trustee, to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to hereunder and the Trustee reasonable indemnity against has not received from the costs, expenses and liabilities to be incurred Holders of a majority in compliance principal amount of the outstanding Notes of that series a direction inconsistent with such request; (4) the Trustee for written request and has failed to institute such proceeding within 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesor security; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 5 contracts

Sources: Indenture, Indenture, Indenture (Broadcom Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or receiver, assignee, trustee, liquidator or sequestrator (or similar official) or for any other remedy hereunder, unless: (1a) such Holder H▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered offered, and if requested, provided to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of indemnity security or indemnity, has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that series; , it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 5 contracts

Sources: Indenture (Verb Technology Company, Inc.), Indenture (Tevogen Bio Holdings Inc.), Indenture (National CineMedia, Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder H▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 5 contracts

Sources: Indenture (Progress Software Corp /Ma), Indenture (United States Steel Corp), Indenture (United States Steel Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of that series then outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for does not comply with such request within 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingsecurity or indemnity; and (5e) no during such 60-day period, Holders of a majority in aggregate principal amount of the then outstanding Notes do not give the Trustee a direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesrequest; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 5 contracts

Sources: Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)

Limitation on Suits. No Holder of any Security of any series Noteholder shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, Indenture or the Notes or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder Noteholder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2b) the Holders Noteholders of not less than 25% in aggregate principal amount of the then Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder Noteholder or Holders Noteholders have offered to the Trustee reasonable adequate security and indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 calendar days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesMajority Noteholders; it being understood and intended that no one or more of such Holders Noteholders shall have any right in any manner whatever whatsoever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such HoldersNoteholder, or to obtain or to seek to obtain priority or preference over any other of such Holders Noteholder or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all of such Holdersthe Noteholders.

Appears in 5 contracts

Sources: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (CSN Islands IX Corp.)

Limitation on Suits. No Holder holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder holder or Holders holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more such holders of such Holders Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Securities or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such holders of such HoldersSecurities.

Appears in 5 contracts

Sources: Subordinated Indenture (Trustmark Corp), Senior Indenture (Trustmark Corp), Subordinated Indenture (Trustmark Corp)

Limitation on Suits. No Subject to Section 5.08, no Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default Default, in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 5 contracts

Sources: Indenture (Calpine Corp), Indenture (Continental Airlines Inc /De/), Indenture (Calpine Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount at maturity of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered and, if requested, provided to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount at maturity of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 5 contracts

Sources: Indenture (RSL Communications LTD), Indenture (RSL Communications LTD), Indenture (RSL Communications LTD)

Limitation on Suits. No Holder of any Security of any series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 4 contracts

Sources: Indenture (Cross Timbers Oil Co), Indenture (Petsec Energy Inc), Indenture (Flores & Rucks Inc /De/)

Limitation on Suits. No A Holder of any Security Series of any series shall have any right to institute any proceeding, judicial or otherwise, Notes may pursue a remedy with respect to this Indenture, Indenture or for the appointment Notes only if: (a) the Holder of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice Note gives to the Trustee written notice of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities then outstanding Notes of that series shall have made such Series make a written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderpursue the remedy; (3c) such Holder of a Note or Holders have offered of Notes offer and, if requested, provide to the Trustee reasonable security or indemnity satisfactory to the Trustee against the costsany loss, expenses and liabilities to be incurred in compliance with such requestliability or expense; (4d) the Trustee for does not comply with the request within 60 days after its receipt of such notice, the request and the offer and, if requested, the provision of indemnity has failed to institute any such proceedingsecurity or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities then outstanding Notes of that series; such Series do not give the Trustee a direction inconsistent with the request, it being understood and intended and being expressly covenanted by the taker and Holder of every Note, with every other taker and Holder with the Trustee that no one or more of such Holders shall will have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb disturb, or prejudice the rights of any other of such Holders, 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 obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders).

Appears in 4 contracts

Sources: Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.)

Limitation on Suits. No Holder of any Security of any series Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesSeries; (2b) the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity or security satisfactory to the Trustee against the any losses, costs, expenses and liabilities to which might be incurred by the Trustee in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries; it being understood understood, intended and intended expressly covenanted by the Holder of every Security with every other Holder and the Trustee that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders of such Holdersthe applicable Series.

Appears in 4 contracts

Sources: Indenture (Landmark Infrastructure Finance Corp.), Indenture (Stone Energy Offshore, L.L.C.), Indenture (USDP Finance Corp.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trusteeCustodian, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (BrightSpring Health Services, Inc.), Indenture (GFL Environmental Inc.), Indenture (GFL Environmental Holdings Inc.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has shall have previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% a majority in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has shall have failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has shall have been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such the Holders of any Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (For Unsecured Debt Securities) (Oncor Electric Delivery Co), Indenture (Mdu Resources Group Inc), Indenture (Mdu Resources Group Inc)

Limitation on Suits. No Holder of any Security of any series Noteholder shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder Noteholder has previously given written notice to the Indenture Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less Noteholders holding more than 2550% in principal amount of the Outstanding Securities of that series Aggregate Series Principal Balance shall have made written request to the Indenture Trustee to institute proceedings in respect of such Event of Default in its own name as Indenture Trustee hereunder; (3) such Holder or Holders Noteholders have offered to the Indenture Trustee reasonable adequate indemnity or security satisfactory to the Indenture Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Indenture Trustee for 60 days after its receipt of such notice, request and offer of indemnity or security has failed to institute any such proceeding; and; (5) no direction inconsistent with such written request has been given to the Indenture Trustee during such 60-day period by the Holders Requisite Global Majority; and (6) an Event of a majority in principal amount of the Outstanding Securities of that seriesDefault shall have occurred and be continuing; it being understood and intended that no one or more of such Holders Noteholders shall have any right in any manner whatever by virtue of, or by availing itself or themselves of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such HoldersNoteholders, or to obtain or to seek to obtain priority or preference over any other of such Holders Noteholders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such HoldersNoteholders. Subject to the foregoing restrictions, the Noteholders may exercise their rights under this Section 4.06 independently.

Appears in 4 contracts

Sources: Master Indenture, Master Indenture (Spirit MTA REIT), Master Indenture (Spirit Realty Capital, Inc.)

Limitation on Suits. No Holder of any Security of any series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 45 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 6045-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or any Security, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such the Holders.

Appears in 4 contracts

Sources: Indenture (Net Servicos De Comunicacao S A), Indenture (Net Servicos De Comunicacao S A), Indenture (Brazilian Communitary Antennae LTD)

Limitation on Suits. No Holder of any Security of any series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 4 contracts

Sources: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Bankers Trust New York Corp), Indenture (First Tennessee National Corp), Indenture (State Street Capital Trust Ii)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Atp Oil & Gas Corp), Indenture (Marathon Oil Corp), Indenture (Comerica Inc /New/)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Southside Bancshares Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)

Limitation on Suits. No Holder of any Security of any series Debenture shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless; (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Debentures shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesDebentures; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Insignia Financing I), Indenture (Wabash National Corp /De), Indenture (Qualicomm Financial Trust I)

Limitation on Suits. No Holder of any Security of any series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more such holders of such Holders Securities shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Securities or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such holders of such HoldersSecurities.

Appears in 4 contracts

Sources: Senior Indenture (NewAmsterdam Pharma Co N.V.), Subordinated Indenture (NewAmsterdam Pharma Co N.V.), Senior Indenture (NewAmsterdam Pharma Co N.V.)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 6090-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Royal Bank of Canada \), Indenture (Royal Bank of Canada \), Indenture (Royal Bank of Canada \)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Vantive Corp), Indenture (Cypress Semiconductor Corp /De/), Indenture (Veritas Software Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;; and (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 4 contracts

Sources: Indenture (Etoys Inc), Indenture (Siebel Systems Inc), Indenture (Cor Therapeutics Inc / De)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless, (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee Trustee, for 60 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Banknorth Capital Trust Ii), Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% a majority in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 6090-day period by the Holders of a majority 66-2/3% in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, of any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing itself of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Dime Bancorp Inc), Indenture (Fifth Third Bancorp), Indenture (Dime Bancorp Inc)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Wilshire Financial Services Group Inc), Indenture (Mego Mortgage Corp), Indenture (Wilshire Financial Services Group Inc)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series then outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesoutstanding Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to Note may institute any proceeding, judicial or otherwise, with respect to action under this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unlessunless and until (1) such Holder has previously given the Trustee written notice to the Trustee of a continuing an Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall Notes have made written request to requested the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders has or have offered to the Trustee such reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such requestrequest as the Trustee may require; (4) the Trustee has failed to institute an action for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingindemnity; and (5) no inconsistent direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority not less than 25% in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more Holders of such Holders Notes shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of such HoldersNotes, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable proportionate benefit of all the Holders of such Holdersall Notes.

Appears in 3 contracts

Sources: Indenture (Pepsi Bottling Group Inc), Indenture (Pepsi Bottling Group Inc), Indenture (Pepsi Bottling Group Inc)

Limitation on Suits. No Holder of any Security of any series Series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesSeries; (2b) the Holders of not less than 25% in principal amount of the Outstanding outstanding Securities of that series Series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity or security reasonably satisfactory to the Trustee against the costs, expenses and liabilities to which might be incurred by the Trustee in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries; it being understood understood, intended and intended expressly covenanted by the Holder of every Security with every other Holder and the Trustee that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders of such Holdersthe applicable Series.

Appears in 3 contracts

Sources: Indenture (Transenterix, Inc.), Indenture (Rentech Inc /Co/), Indenture (Rentech Nitrogen Pasadena Holdings, LLC)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, the Guarantees or the Collateral Documents, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity or security has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Indenture, the Guarantees or the Collateral Documents to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, the Guarantees or the Collateral Documents, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Grupo TMM Sa), Indenture (Grupo TMM Sa), Indenture (TMM Holdings Sa De Cv)

Limitation on Suits. No Holder of any Security of any series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Nuevo Energy Co), Indenture (Nuevo Energy Co), Indenture (Ocean Energy Inc)

Limitation on Suits. No Holder holder of any Security Note of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series Notes, shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder holder or Holders holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-60 day period by the Holders holders of a majority in principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more such holders of such Holders Notes shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, holders of Notes or to obtain or to seek to obtain priority or preference over any other of such Holders holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such holders of such HoldersNotes.

Appears in 3 contracts

Sources: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Restated Indenture (Bank of America Corp /De/)

Limitation on Suits. No Holder of any Security of any series shall have any right to order or direct the Trustee to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless unless (1A) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; Default; (2B) the Holders of not less than 25% in principal amount of the Outstanding then outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; ; (3C) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request; ; (4D) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and and (5E) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesoutstanding Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (American Cellular Corp /De/), Indenture (Centennial Cellular Corp), Indenture (Pricellular Corp)

Limitation on Suits. No Holder of any Security of any series shall Series will have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesSeries; (2) the Holders of not less than at least 25% in aggregate principal amount of the Outstanding outstanding Securities of that series shall Series will have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 6090-day period by the Holders of a majority in principal amount of the Outstanding outstanding Securities of that seriesSeries; it being understood and intended that no one or more of such Holders shall will have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Limitation on Suits. No Holder of any Security of any series Investment Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee and the Company of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% a majority in aggregate principal amount of the Outstanding Securities of that series Investment Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 sixty (60) days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such sixty (60-) day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesInvestment Notes; it being understood and intended that no one or more Holders of such Holders Investment Notes shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all the Holders of such HoldersInvestment Notes.

Appears in 3 contracts

Sources: Indenture (Levitt Corp), Indenture (Levitt Corp), Indenture (Levitt Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceedingProceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Indenture Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Majority Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Indenture Trustee to institute proceedings Proceedings in respect of such Event of Default in its own name as Indenture Trustee hereunder; (3c) such Holder or Holders have offered to the Indenture Trustee reasonable indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Indenture Trustee for 60 30 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingProceeding; and (5e) no direction inconsistent with such written request has been given to the Indenture Trustee during such 60-30 day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesMajority Holders; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holdersprovided.

Appears in 3 contracts

Sources: Indenture (First Sierra Receivables Iii Inc), Indenture (First Sierra Receivables Iii Inc), Indenture (HPSC Inc)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any action, suit or proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such action, suit or proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing itself of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)

Limitation on Suits. No Holder of any Security of any series Senior Notes shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Senior Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Senior Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its the Trustee's own name as Trustee hereundername; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSenior Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, Indenture except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Markel Corp), Indenture (Terra Nova Bermuda Holding LTD), Indenture (Markel Corp)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceedingProceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, hereunder unless: (1a) such Holder has previously given written notice to the Indenture Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Majority Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Indenture Trustee to institute proceedings Proceedings in respect of such Event of Default in its own name as Indenture Trustee hereunder; (3c) such Holder or Holders have offered to the Indenture Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Indenture Trustee for 60 30 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceedingProceedings; and (5e) no direction inconsistent with such written request has been given to the Indenture Trustee during such 6030-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesMajority Holders; it being understood and intended that no one or more of such Holders Noteholders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such HoldersNoteholders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holdersprovided.

Appears in 3 contracts

Sources: Indenture (Bay View Capital Corp), Indenture (Americredit Corp), Indenture (Bay View Capital Corp)

Limitation on Suits. No Holder of any Security of any series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority or more in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: First Supplemental Indenture (KCS Energy Inc), Indenture (KCS Medallion Resources Inc), Indenture (KCS Energy Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Abbott Laboratories), Senior Indenture (Atlas Energy Resources, LLC), Indenture (Alberto-Culver CO)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing an Event of Default with respect to that is continuing at the Securities time of that seriessuch institution; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered furnished to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;; and (4) the Trustee for 60 days after its receipt of such notice, request and offer furnishing of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Medarex Inc), Indenture (Millennium Pharmaceuticals Inc), Indenture (Medarex Inc)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series outstanding Notes shall have made a written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costsany losses, liabilities and expenses (including without limitation, attorneys’ fees and liabilities expenses) to be incurred in compliance with such request; (4d) the Trustee for does not comply with the request within 60 days after its receipt of such notice, the request and the offer of indemnity has failed to institute any such proceedingand/or security (including by way of pre-funding); and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by period, the Holders of a majority in aggregate principal amount of the Outstanding Securities outstanding Notes do not give the Trustee a direction that is inconsistent with the request. The limitations in the foregoing provisions of that series; it being understood and intended that no one or more this Section 6.06, however, do not apply to a suit instituted by a Holder of such Holders shall have any right in any manner whatever by virtue a Note for the enforcement of the payment of the principal of, or by availing ofpremium, any provision of this Indenture to affectif any, disturb or prejudice the rights of any other of such HoldersAdditional Amounts, if any, or to obtain interest, if any, on such Note on or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except after the respective due dates expressed in the manner herein provided and for the equal and ratable benefit of all of such HoldersNote.

Appears in 3 contracts

Sources: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-60- day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Senior Indenture (Popular International Bank Inc), Indenture (Peter Kiewit Sons Inc /De/), Indenture (American Health Properties Inc)

Limitation on Suits. No Holder of any Security Note of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities Notes of that series;; and (2) the Holders of not less than at least 25% in principal amount of the Outstanding Securities outstanding Notes of that series shall have made written request to the Trustee Trustee, and offered (and if requested, provided) indemnity or security satisfactory to the Trustee, to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to hereunder and the Trustee reasonable indemnity against has not received from the costs, expenses and liabilities to be incurred Holders of a majority in compliance principal amount of the outstanding Notes of that series a direction inconsistent with such request; (4) the Trustee for written request and has failed to institute such proceeding within 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesor security; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Broadcom Inc.), Indenture (Broadcom Cayman L.P.), Indenture (Broadcom LTD)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesoutstanding Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment Inc)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceedingProceeding, judicial or otherwise, with respect to this Indenture, Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 2566-2/3% in principal amount of the Outstanding Securities Notes of that series the Controlling Class shall have made written request to the Trustee to institute proceedings Proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 30 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceedingProceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such 6030-day period by the Holders of a majority not less than 66-2/3% or more in principal amount of the Outstanding Securities Notes of that seriesthe Controlling Class; it being understood and intended that no one or more Holders of such Holders Notes shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of such HoldersNotes, or to obtain or to seek to obtain priority or preference over any other Holders of such Holders Notes or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all the Holders of such HoldersNotes.

Appears in 3 contracts

Sources: Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc)

Limitation on Suits. No Subject to Section 5.8, no Holder of any Security of any series shall have any and right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1i) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2ii) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3iii) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4iv) the 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 the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Group Maintenance America Corp), Indenture (Group Maintenance America Corp), Indenture (Group Maintenance America Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount number of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount number of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Warrant Indenture (American International Group Inc), Warrant Indenture (Aig Capital Trust I), Warrant Indenture (American International Group Inc)

Limitation on Suits. No Holder of any Security of any series Debenture shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee and the Company of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% thirty percent (30%) in aggregate principal amount of the Outstanding Securities of that series Debentures shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 sixty (60) days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request has been given to the Trustee during such sixty (60-) day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesDebentures; it being understood and intended that no one or more Holders of such Holders Debentures shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all the Holders of such HoldersDebentures.

Appears in 3 contracts

Sources: Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable security or indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of security or indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Subordinated Indenture (Mind Technology, Inc), Subordinated Indenture (Chord Energy Corp), Senior Indenture (Chord Energy Corp)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series outstanding Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesoutstanding Notes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (General Growth Properties, Inc.), Indenture (Rouse Co LP), Indenture (General Growth Properties Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 6090-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing itself of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Mercury Finance Co), Indenture (Dime Bancorp Inc), Indenture (Dime Bancorp Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 6090-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Platinum Underwriters Holdings LTD), Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Capital Trust Ii)

Limitation on Suits. No Holder of any Security of any series Notes shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount Accreted Value of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Note to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureIndenture or any Note, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesSecurities; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Toyota Auto Lease Trust 1997-A), Indenture (Toyota Lease Trust), Indenture (Toyota Lease Trust)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (RCC Western Stores, Inc.), Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, Indenture or for the appointment of a receiver or receiver, assignee, trustee, liquidator, sequestrator (or other similar official) or for any other remedy hereunder, unless: (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;: (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing itself of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders of such HoldersSecurities, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Debt Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee indemnity satisfactory to the Trustee, in its reasonable indemnity discretion, against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesDebt Securities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all Holders. For the protection and enforcement of the provisions of this Section, each and every Holder and the Trustee shall be entitled to such Holdersrelief as can be given at law or in equity.

Appears in 3 contracts

Sources: Indenture (Gold Banc Corp Inc), Indenture (Investorsbancorp Inc), Indenture (Bankatlantic Bancorp Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has Hold▇▇ ▇▇▇ previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Axys Pharmecueticals Inc), Indenture (Ust Inc), Indenture (Ugly Duckling Corp)

Limitation on Suits. No Subject to Section 5.8, no Holder of any Security of any series shall have any and right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1i) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2ii) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3iii) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4iv) the Trustee for 60 45 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 the Trustee during such 6045-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Miller Mechanical Contractors Inc), Indenture (NBH Holdings Co Inc), Indenture (Integrated Electrical Services Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that series; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee Trustee, for 60 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 3 contracts

Sources: Indenture (Deluxe Corp), Indenture (Deluxe Corp), Indenture (Dain Rauscher Corp)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 3 contracts

Sources: Indenture (Countrywide Home Loans Inc), Indenture (Delta Air Lines Inc /De/), Indenture (Voicestream Wireless Corp /De)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, under or with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunderAgreement, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Bonds shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has shall have failed to institute any such proceedingproceedings; and (5) no direction inconsistent with such written request consent has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that series; Bonds, it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Agreement to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal and ratable benefit of all of such HoldersOutstanding Bonds.

Appears in 3 contracts

Sources: Bond Guaranty Agreement (Transportation Technologies Industries Inc), Bond Guaranty Agreement (Accuride Corp), Bond Guaranty Agreement (Johnstown America Industries Inc)

Limitation on Suits. No Holder of any Security of any series Notes shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holder or Holders of not less than 2525.0% in principal amount of the Outstanding Securities of that series Notes shall have made written request request(s) to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 30 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 6030-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture or any Note to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, Indenture or any Note except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such the Holders.

Appears in 2 contracts

Sources: Indenture (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1a) such Holder has shall have previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% a majority in aggregate principal amount of the Bonds then Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders shall have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 sixty (60) days after its receipt of such notice, request and offer of indemnity has shall have failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has shall have been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesBonds then Outstanding; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, of any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, Holders or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 2 contracts

Sources: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.)

Limitation on Suits. No Holder of any Security of any series Note shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (1i) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesNotes; (2ii) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3iii) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; (4iv) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and (5v) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more Holders of such Holders Notes shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights right of any other such Holders of such HoldersNotes, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all such Holders of such HoldersNotes.

Appears in 2 contracts

Sources: Indenture (Fiserv Inc), Indenture (Fiserv Inc)

Limitation on Suits. No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to a Responsible Officer the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable written indemnity satisfactory to it (which indemnity shall not be unreasonable) against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights fights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 2 contracts

Sources: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)

Limitation on Suits. No Holder of any Security of any series Notes shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in principal amount of the Outstanding Securities of that series Notes shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Outstanding Securities of that seriesNotes; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture Indenture, any Note or any Guarantee to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, any Note or any Guarantee, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all of such the Holders.

Appears in 2 contracts

Sources: Indenture (Verio Inc), Indenture (Verio Inc)

Limitation on Suits. No Holder Owner of any Security of any series Bond shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trusteeTrustee, or for any other remedy hereunder, unless unless (1a) such Holder has Owner shall have previously given written notice to the Trustee of a continuing Event event of Default with respect to the Securities of that series; default, (2b) the Holders Owners of not less than 25% in of the aggregate principal amount of the Bonds then Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event event of Default default in its own name as Trustee hereunder; , (3c) such Holder Owner or Holders Owners shall have offered afforded to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; , (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has shall have failed to institute any such proceeding; and proceedings, and (5e) no direction inconsistent with such written request has shall have been given to the Trustee during such 60-60 day period by the Holders Owners of a majority in of the aggregate principal amount of the Outstanding Securities of that seriesBonds then Outstanding; it being understood and intended that no one or more of such Holders Owners shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such HoldersOwner, or to obtain or to seek to obtain priority or preference over any other of such Holders Owner or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holdersthe Owners.

Appears in 2 contracts

Sources: Indenture, Indenture

Limitation on Suits. No Subject to Section 5.08, no Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with 47 47 respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default Default, in its own name as Trustee hereunder; (3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such Holders.

Appears in 2 contracts

Sources: Indenture (Chemed Capital Trust), Indenture (Chemed Corp)

Limitation on Suits. No Subject to Section 5.16, no Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (1a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that seriesDefault; (2b) the Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of that series shall have made written request to the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunder; (3c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (4d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Outstanding Securities of that seriesSecurities; it being understood and intended that no one or more of such Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other of such Holders, or to obtain or to seek to obtain priority or preference over any other of such Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all of such the Holders.

Appears in 2 contracts

Sources: Indenture (Walbro Capital Trust), Indenture (Walbro Corp)