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 (a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series; (b) 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; (c) 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; (d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and (e) 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 such Holders.
Appears in 61 contracts
Sources: Indenture (STR Holdings, Inc.), Indenture (Lin Tv Corp.), Indenture (Lin Tv 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriessuch series;
(b2) the Holders of not less than at least 25% in principal amount of the outstanding Outstanding Securities of that Series such series shall have made written request to the Trustee to institute such proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) 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;
(d4) the Trustee for Trustee, within 60 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and
(e5) 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 Seriessuch 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 42 contracts
Sources: Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of security or indemnity has failed to institute any such proceeding; and
(e) 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 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 35 contracts
Sources: Subordinated Indenture (Pioneer Energy Services Corp), Indenture (Pioneer Energy Services Corp), Indenture (RigNet, 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 33 contracts
Sources: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.), Indenture (Cott USA Finance LLC)
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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% at least twenty-five percent 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 and intended that no one or more of such Holders of Securities of any 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 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 HoldersHolders of Securities of the affected series.
Appears in 23 contracts
Sources: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in aggregate principal amount of the 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;
(cC) 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;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 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 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 the Holders.
Appears in 18 contracts
Sources: Indenture (Doskocil Manufacturing Co Inc), Indenture (Noble Broadcast Group Inc /Oh/), Indenture (Noble Broadcast Group Inc /Oh/)
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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b2) the Holders of not less than 25% in principal amount of the outstanding 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;
(c3) such Holder or Holders have offered to the Trustee Trustee, and if requested, shall have provided, reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity (or if requested, receipt of indemnity) has failed to institute any such proceeding; and
(e5) 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; 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 such Holders.
Appears in 17 contracts
Sources: Indenture (Solectron Corp), Indenture (Hewitt Associates Inc), Indenture (Monmouth Real Estate Investment Corp)
Limitation on Suits. No As provided in and subject to the provisions of the Indenture, the Holder of any this Security of any Series shall not have any the right to institute any proceeding, judicial or otherwise, proceeding with respect to this Indenture, the Indenture or for the appointment of a receiver or trustee, trustee or for any other remedy hereunderthereunder, unless
(a) unless such Holder has shall have previously given the Trustee written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) this series, the Holders of not less than 25% in principal amount of the outstanding Securities of that Series this series at the time Outstanding 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;
(c) such Holder or Holders have and offered to the Trustee reasonable indemnity against and/or security, and the costs, expenses and liabilities to be incurred Trustee shall not have received from the Holders of a majority in compliance principal amount of Securities of this series at the time Outstanding a direction inconsistent with such request;
(d) the Trustee , and shall have failed to institute any such proceeding, for 60 days after its receipt of such notice, request and offer of indemnity has failed and/or security. The foregoing shall not apply to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given suit instituted by the Holder of this Security for the enforcement of any payment of principal hereof or any premium or interest hereon on or after the respective due dates expressed herein. No reference herein 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 Indenture 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 Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to affectpay the principal of and any premium and interest on this Security at the times, disturb or prejudice the rights of any other of such Holdersplace and rate, 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 and in the manner coin or currency, herein provided and for the equal and ratable benefit of all such Holdersprescribed.
Appears in 16 contracts
Sources: Thirteenth Supplemental Indenture (Anheuser-Busch InBev S.A.), Twelfth Supplemental Indenture (Anheuser-Busch InBev S.A.), Tenth Supplemental Indenture (Anheuser-Busch InBev S.A.)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 14 contracts
Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) 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;
(c) 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;
(d) 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
(e) 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 such Holders.
Appears in 12 contracts
Sources: Indenture (China Natural Resources Inc), Indenture (GTT Communications, Inc.), Indenture (Fusion Telecommunications International 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 and intended that no one or more of such Holders of Securities of any 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 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 HoldersHolders of Securities of the affected series.
Appears in 12 contracts
Sources: Indenture (Michigan Consolidated Gas Co /Mi/), Indenture (Ingersoll Rand Co), Senior Debt Securities Indenture (KBHC Financing I)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute or 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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in 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;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 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 such the Holders.
Appears in 11 contracts
Sources: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Indenture (Cast Alloys 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 Indenturethe Indenture or any of the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunderunder the Indenture or any of the Notes, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b2) the Holders of not less than 25% in principal amount of the all 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 all 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 IndentureIndenture or any of the Notes, except in the manner herein provided in the Indenture and for the equal and ratable benefit of all such Holders.
Appears in 11 contracts
Sources: Supplemental Indenture (Boston Properties LTD Partnership), Supplemental Indenture (Boston Properties LTD Partnership), Supplemental Indenture (Boston Properties LTD Partnership)
Limitation on Suits. No Holder of any Security of any Series series or any related coupon 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 such Holders.
Appears in 10 contracts
Sources: Indenture (Excel Legacy Corp), Indenture (Leap Wireless International Inc), Indenture (Price Legacy 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 IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee a reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 15 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6015-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 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 such the Holders.
Appears in 10 contracts
Sources: Indenture (Service Corporation International), Indenture (Service Corporation International), Indenture (Mylan Inc.)
Limitation on Suits. No Holder of any Security of any Series 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 such Holders.
Appears in 10 contracts
Sources: Subordinated Indenture (Dynegy Capital Trust Ii), Subordinated Indenture (Dynegy Capital Trust Iii), Indenture (NGC 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 IndentureIndenture (including, if applicable, the Guarantee), or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 such Holders.
Appears in 10 contracts
Sources: Indenture (Weatherford International LTD), Indenture (Comstock Resources Inc), Indenture (Weatherford International Inc /New/)
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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 all Outstanding Securities of that Seriesseries; 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 9 contracts
Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)
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 IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable an indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 30 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) 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 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 in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 9 contracts
Sources: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 (Regency Centers Lp), Indenture (Regency Centers Lp), Indenture (Goodyear Tire & Rubber Co /Oh/)
Limitation on Suits. No Holder of any Security Notes of any Series series shall have any right to institute or defend any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities Notes of that Seriesseries;
(b2) the Holders of not less than 25% a majority in aggregate principal amount of the outstanding Securities Outstanding Notes of that Series series shall have made written request to the Trustee to institute or defend suits or proceedings in respect of such Event of Default in its own name as Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the all costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 Outstanding Notes of that Seriesseries; 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 8 contracts
Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Limitation on Suits. No Holder of any Security of any Series Note shall have any right to institute any proceedingProceedings, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee written notice of a continuing an Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Majority Noteholders 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;
(c) hereunder and such Holder or Holders have offered provided the Trustee indemnity reasonably satisfactory to the Trustee reasonable indemnity against the costs, expenses (including reasonable attorneys’ fees and expenses) and liabilities to be incurred in compliance with such request;
(dc) the Trustee Trustee, for 60 30 days after its receipt of such notice, request and offer provision of indemnity such indemnity, has failed to institute any such proceedingProceeding; and
(ed) 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 principal amount of the outstanding Securities of that SeriesMajority Noteholders; 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 itself 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 such Holdersthe Holders subject to and in accordance with the Priority of Payments.
Appears in 8 contracts
Sources: Indenture (BC Partners Lending Corp), Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.), Supplemental Indenture (CM Finance 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital 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:
(a) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 such Holders.
Appears in 6 contracts
Sources: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 such Holders.
Appears in 6 contracts
Sources: Indenture (Leap Wireless International Inc), Indenture (Leap Wireless International Inc), Indenture (Host Marriott Corp/Md)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 6 contracts
Sources: Indenture (American Safety Insurance Holdings LTD), Indenture (American Safety Insurance Holdings LTD), Indenture (Clarksburg Skylark, LLC)
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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding 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;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to the Trustee against the costs, expenses and liabilities (including fees and expenses of its agents and counsel) to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 such the Holders.
Appears in 5 contracts
Sources: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)
Limitation on Suits. No Holder of any Security of any Series 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;
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (International Paper Co /New/), Indenture (United States Surgical Corp), Indenture (United States Surgical 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
(a1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Liquid Media Group Ltd.), Indenture (CNH Industrial N.V.), Indenture (Meta Financial 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably satisfactory to it against the costslosses, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Navistar, Inc.), Indenture (Navistar, Inc.), Indenture (CVG Oregon, LLC)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in aggregate 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 Outstanding Securities of that Seriesseries; 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 HoldersHolders of Securities of that series.
Appears in 4 contracts
Sources: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.), Indenture (Owens & Minor Inc/Va/)
Limitation on Suits. No Holder of any Security of any Series series or any related coupons shall have any right to institute any proceeding, judicial or otherwise, otherwise with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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, 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 (New Nisource Inc), Indenture (New Nisource Inc), Indenture (New Nisource Inc)
Limitation on Suits. No Holder of any Security of any Series series or any related coupon 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 such Holders.
Appears in 4 contracts
Sources: Indenture (Criimi Mae Inc), Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust)
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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders 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;
(cC) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities to be incurred or reasonably probable to be incurred in compliance with such request;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 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 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 the Holders.
Appears in 4 contracts
Sources: Indenture (Radiologix Inc), Indenture (Penton Media Inc), Indenture (Radiologix 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b) 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;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) 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
(e) 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 such Holders.
Appears in 4 contracts
Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 4 contracts
Sources: Indenture (Genzyme Corp), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings 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
unless (aA) 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; (bB) the Holders of not less than 25% in aggregate principal amount of the 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;
; (cC) 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;
; (dD) the Trustee for 60 15 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
and (eE) no direction inconsistent with such written request has been given to the Trustee during such 6015-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 such the Holders.
Appears in 4 contracts
Sources: Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De), Indenture (Centennial Communications Corp /De)
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 IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable an indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 15 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6015-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 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 such the Holders.
Appears in 4 contracts
Sources: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment 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 hereunderunder this Indenture, unless:
(a1) such Holder H▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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 hereunderunder the Indenture;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses expenses, and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request request, and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 Seriesseries; 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 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 in this Indenture and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Sources: Indenture (Huntington Bancshares Inc/Md), Indenture (Huntington Bancshares Inc/Md), Indenture (Huntington Bancshares Inc/Md)
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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b2) 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;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities (including counsel's fees, expenses and disbursements) to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 such Holders.
Appears in 4 contracts
Sources: Indenture (Toyota Auto Lease Trust 1998 C), Indenture (Toyota Motor Credit Corp), Indenture (Toyota Motor Credit 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 IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee a reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 15 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 6015-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 Indenture, any Security 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 Security or any Guarantee, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 4 contracts
Sources: Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Marathon Petroleum Corp), Indenture (Marathon Petroleum Corp), Indenture (Marathon Petroleum 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 IndentureIndenture or the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunderunder this Indenture or the Notes, unless
(a) 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;Notes;
(b) the Holders of not less than 25% a majority 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;hereunder;
(c) 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;request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; proceeding; and
(e) 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; Outstanding 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 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 or therein provided and for the equal and ratable benefit of all of such Holders.
Appears in 4 contracts
Sources: Senior Secured Notes Indenture (Diversified Healthcare Trust), Senior Priority Guaranteed Unsecured Notes (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)
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 hereunderunder this Indenture, unless:
(a1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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 hereunderunder the Indenture;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses expenses, and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request request, and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 Seriesseries; 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 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 in this Indenture and for the equal and ratable benefit of all of such Holders.
Appears in 3 contracts
Sources: Indenture (Huntington Bancshares Inc/Md), Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial 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
(a1) such Holder has previously given written notice to the Trustee of a continuing An Event of Default shall have occurred and be continuing with respect to the Securities of that Seriesseries and such Holder shall have previously given written notice thereof to the Trustee;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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, Holder or to obtain or to seek to obtain priority or preference over any other of such Holders Holder or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all Holders of Securities of such Holdersseries.
Appears in 3 contracts
Sources: Indenture (PHH Corp), Indenture (PHH Corp), Indenture (PHH 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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the 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;
(cC) 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;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 such the Holders.
Appears in 3 contracts
Sources: Indenture (Price Communications Corp), Indenture (Montgomery Cellular Telephone Co Inc), Indenture (Price Communications 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in principal amount of the outstanding 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;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) 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
(e) 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 such Holders.
Appears in 3 contracts
Sources: Indenture (Transwitch Corp /De), Indenture (Triquint Semiconductor Inc), Indenture (Interliant 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than 25% at least 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 such Holders.
Appears in 3 contracts
Sources: Indenture (Ceragon Networks LTD), Indenture (Maritrans Inc /De/), Indenture (Spectrum Pharmaceuticals 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 such Holders.
Appears in 3 contracts
Sources: Subordinated Indenture (Iron Mountain Inc/Pa), Subordinated Indenture (Iron Mountain Inc/Pa), Subordinated Indenture (Province Healthcare 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 such Holders.
Appears in 3 contracts
Sources: Indenture (Bryn Mawr Bank Corp), Indenture (Abc Naco Inc), Indenture (Idex 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in principal amount of the outstanding 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 such Holders.
Appears in 3 contracts
Sources: Indenture (Internet Capital Group Inc), Indenture (Internet Capital Group Inc), Indenture (Earthweb 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in principal amount of the outstanding 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;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities (including fees and expenses of its agents and counsel) to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 such the Holders.
Appears in 3 contracts
Sources: Indenture (Baytex Energy LTD), Indenture (Amvescap PLC/London/), Indenture (Baytex Energy LTD)
Limitation on Suits. No Holder of any Security of any Series Certificateholder shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureAgreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(ai) there is a continuing Event of Master Servicer Default and such Holder Certificateholder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesMaster Servicer Default;
(bii) the Holders of not less than 25% in principal amount of the outstanding Securities of that Series Required Certificateholders shall have made written request to the Trustee to institute proceedings in respect of such Event of Master Servicer Default in its own name as Trustee hereunder;
(ciii) such Holder or Holders Certificateholders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(div) the Trustee Trustee, for 60 30 days after its receipt of such notice, request and offer of indemnity indemnity, has failed to institute any such proceeding; and
(ev) 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 principal amount of the outstanding Securities of that SeriesRequired Certificateholders; it being understood and intended that no one or more of such Holders Certificateholders 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 HoldersCertificateholders, or to obtain or to seek to obtain priority or preference over any other of such Holders Certificateholders or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal and ratable benefit of all such Holdersthe Certificateholders as provided herein.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (Bayview Financial Mort Pass THR Certs Ser 2003-F), Pooling and Servicing Agreement (Bayview Financial Corp Mortgage Pass THR Certs Ser 2003-E)
Limitation on Suits. No Holder of any Security of any Series Notes shall have any right to institute any proceeding, judicial or otherwise, proceeding with respect to this Indentureits rights, or for the appointment of a receiver or trusteea Trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than at least 25% in aggregate 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;
(c) such Holder or Holders have offered and, if requested, provided to the Trustee reasonable indemnity satisfactory to it against the costsany loss, expenses and liabilities liability or expense to be incurred in compliance with such request;; and
(d) the Trustee for fails to comply with the request within 60 days after its receipt of such the Trustee receives the notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee and does not receive, during such 60-day period by the those 60 days, from Holders of a majority in aggregate principal amount of the outstanding Securities of Notes then outstanding, a direction that Series; it being understood and intended that no one or more of such Holders shall have is inconsistent with the request. Notwithstanding any right in any manner whatever by virtue of, or by availing of, any other provision of this Indenture and any provision of any Note, each Holder shall have the right to affectreceive payment or delivery, disturb as the case may be, of (x) the principal (including the Redemption Price, if applicable) of, (y) accrued and unpaid interest, if any, on, and (z) the consideration due upon conversion of, such Note, on or after the respective due dates expressed or provided for in such Note or in this Indenture, or to institute suit for the enforcement of any such payment or delivery, as the case may be. A Holder may not use this Indenture to prejudice the rights of any other of such Holders, or another Holder to obtain a preference 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 Holdersanother Holder.
Appears in 3 contracts
Sources: Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.), Indenture (Wheeler Real Estate Investment Trust, Inc.)
Limitation on Suits. No Holder The holder of any Security of any Series Note shall not have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(ai) such Holder Noteholder has previously given written notice to the Trustee of a continuing Indenture Event of Default with respect to the Securities of that SeriesDefault;
(bii) the Holders of Noteholders evidencing not less than 25% in principal amount of the outstanding Securities of that Series Voting Rights shall have made written request to the Trustee to institute proceedings in respect of such Indenture Event of Default in its own name as Trustee hereunder;
(ciii) such Holder Noteholder or Holders Noteholders have offered to the Trustee reasonable adequate indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(div) 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
(ev) so long as any of the Notes remain outstanding, 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 principal amount Noteholders evidencing not less than 66-2/3% of the outstanding Securities of that SeriesVoting Rights; it being understood and intended that no one or more of such Holders Noteholder shall 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 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 provided. It is further understood and intended that so long as any portion of the Notes remains outstanding, the Servicer shall not have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture (other than for the equal enforcement of Sections 3.04(b) and ratable benefit 4.04) or for the appointment of all such Holdersa receiver or trustee, or for any other remedy hereunder.
Appears in 3 contracts
Sources: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp)
Limitation on Suits. No Subject to Section 7.08, no Holder of any Security of any Series Securities shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureIndenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b) the Holders of not less than 25% in aggregate principal amount of the outstanding 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable security or indemnity satisfactory to the Trustee against the costsany loss, liability or expense (including fees and expenses and liabilities of its counsel) to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no the proceeding and has not received direction inconsistent with such written the original request has been given to the Trustee during such 60-day period by from the Holders of a majority in principal amount of the outstanding Outstanding Securities of that Serieswithin 60 days after the original request; 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 such the Holders.
Appears in 3 contracts
Sources: Indenture (Comtech Telecommunications Corp /De/), Indenture (Stewart Information Services Corp), Exhibit (Steel Dynamics Inc)
Limitation on Suits. No Holder of any Security of any Series Except to the extent provided in Section 808 hereof, no Noteholder shall have any the right to institute any proceeding, judicial or otherwiseProceeding, with respect to this IndentureLoan Agreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(ai) such Holder has previously given written notice to the Trustee Agent of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bii) the Holders of not less than 25% in principal amount of Agent, after request by the outstanding Securities of that Series Noteholders, shall have made written request to the Trustee failed to institute proceedings Proceedings in respect accordance with the provisions of such Event of Default in its own name as Trustee hereunderSection 804 hereof;
(ciii) such Holder or Holders have offered to the Trustee Agent reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such requestrequest (the unsecured indemnity of a Rated Institutional Noteholder being deemed satisfactory for such purpose);
(div) the Trustee Agent has, for 60 30 days after its receipt of such notice, request and offer of indemnity has security or indemnity, failed to institute any such proceedingProceeding; and
(ev) no direction inconsistent with such written request has been given to the Trustee Agent during such 60-30 day period by the Holders Majority of a majority in principal amount of the outstanding Securities of that SeriesHolders; 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 Loan Agreement 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 IndentureLoan Agreement, except in the manner herein provided and for the equal and ratable benefit of all such HoldersNoteholders.
Appears in 3 contracts
Sources: Loan Agreement (Cronos Group), Loan Agreement (Cronos Group), Loan Agreement (Cronos Group)
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
(a1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (American Natural Soda Ash Corp.), Indenture (EP Energy LLC), Indenture (EP Energy LLC)
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:
(a1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (BMP Sunstone CORP), Indenture (BMP Sunstone CORP), Indenture (BMP Sunstone CORP)
Limitation on Suits. No Holder of any Security of any Series 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (United States Surgical Corp), Indenture (United States Surgical Corp), Indenture (United States Surgical 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b2) the Holders of not less than 25% in principal amount of the outstanding 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;
(c3) such Holder or Holders have 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of security or indemnity has failed to institute any such proceeding; and
(e5) 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 Holders.
Appears in 3 contracts
Sources: Indenture (Sunoco Logistics Partners Lp), Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 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 the Holders.
Appears in 3 contracts
Sources: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming Finance 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) such Holder or Holders have offered and, if requested, provided to the Trustee reasonable security or indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer and, if requested, provision of security or indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Associated Banc-Corp), Indenture Agreement (Vornado Realty Trust), Indenture (Vornado Realty Trust)
Limitation on Suits. No Subject to Section 508, 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) 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;
(d4) 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
(e5) 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 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: Senior Indenture (Everest Re Capital Trust Iii), Senior Indenture (Everest Re Group 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
(a1) such Holder has previously given written notice to the U.S. Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b2) 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 U.S. Trustee to institute proceedings in respect of such Event of Default in its own name as U.S. Trustee hereunder;
(c3) such Holder or Holders have offered to the Trustee Trustees reasonable indemnity satisfactory to them against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the U.S. Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) no direction inconsistent with such written request has been given to the U.S. 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 2 contracts
Sources: First Supplemental Indenture (GFL Environmental Inc.), First Supplemental Indenture (GFL Environmental Holdings 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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders 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;
(cC) 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;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 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 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 the Holders.
Appears in 2 contracts
Sources: Indenture (NPR Inc), Indenture (Tri City Dialysis Center Inc)
Limitation on Suits. No Holder of any Security of any Series Notes shall have any right to institute any proceedingaction, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless
(a) such Holder has previously given written notice to the Trustee written notice of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b) the Holders of not less than 25% in principal amount of the outstanding Securities Notes at the time Outstanding, or, in the case of that Series shall an Event of Default specified in Section 5.01(e) or 5.01(f), the Holders of not less than 25% in principal amount of all Outstanding Securities, have made written request to requested the Trustee to institute proceedings in respect of such Event of Default in its own name as Trustee hereunderTrustee;
(c) such Holder or Holders have offered to the Trustee reasonable such indemnity against and security as the costs, expenses and liabilities to be incurred in compliance with such requestTrustee may require;
(d) the Trustee has failed to institute any such action for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingand security; and
(e) 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 Notes at the time Outstanding, or, in the case of that Seriesan Event of Default specified in Section 5.01(e) or 5.01(f), by the Holders of a majority in principal amount of all 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 Holders.
Appears in 2 contracts
Sources: Second Supplemental Indenture (OM Asset Management PLC), First Supplemental Indenture (OM Asset Management PLC)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Peter Kiewit Sons Inc /De/), Indenture (Kiewit Materials Co)
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
(a) such Holder has previously given written notice to the Trustee of a continuing that an Event of Default with respect to has occurred, and the Securities Event of that SeriesDefault has not been cured or waived;
(b) the Holders of not less than 25% in aggregate 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 such the Holders.
Appears in 2 contracts
Sources: Indenture (Converium Holding Ag), Indenture (Converium Holding Ag)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 2535% 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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
Limitation on Suits. No Holder of any Security Securities 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable an indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 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, except in the manner herein provided in this Indenture or any Guarantee and for the equal and ratable benefit of all such Holdersthe Holders of Securities of that series.
Appears in 2 contracts
Sources: Indenture (Capital Automotive Reit), Indenture (Capital Automotive Reit)
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:
(a1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% in principal amount of the outstanding Outstanding Securities of that Series all affected series (treated as a single class) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)
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, 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesSecurities;
(b2) the Holders of not less than 25% in principal amount of the outstanding 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 such Holders.
Appears in 2 contracts
Sources: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs National Corp)
Limitation on Suits. No Except as provided in 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:
(a) such Holder has shall have previously given written notice to the Trustee of a continuing Event of Default with respect to under the Securities of that SeriesIndenture;
(b) the Holders of not less than 25% a majority 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;
(c) 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;
(d) 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
(e) 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 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, 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 (Nextera Energy Partners, Lp), Indenture (NextEra Energy Partners, LP)
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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 2 contracts
Sources: Indenture (M&t Bank Corp), Indenture (M&t Bank 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 Outstanding Securities of that Seriesseries; 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 (Newcastle Investment Corp), Indenture (Newcastle Investment 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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount Notational Amount of the 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;
(cC) 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;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 Notational 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 such the Holders.
Appears in 2 contracts
Sources: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
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
(a1) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than 25% a majority 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (About, Inc.), Indenture of Trust (Energy Income & Growth Fund)
Limitation on Suits. No Holder of any Security of any Series series shall have any right to institute nstitute 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 (Royal Gold Inc /De/), Indenture (Royal Gold 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) the Holders of not less than at least 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;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity or security against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 such HoldersHolders of the applicable Series.
Appears in 2 contracts
Sources: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)
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:
(ai) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(bii) 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;
(ciii) such Holder or Holders have offered to the Trustee reasonable indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(div) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceedingproceedings; and
(ev) 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 Outstanding Notes. 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 HoldersHolders of Notes.
Appears in 2 contracts
Sources: Indenture (Selective Insurance Group Inc), Indenture (Selective Insurance Group 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 IndentureIndenture or the Notes, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) 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 trustee hereunder;
(c) such Holder or Holders have offered to the Trustee reasonable an indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 30 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity has failed to institute any such proceeding; and
(e) 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 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 in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 2 contracts
Sources: Indenture (Bally Franchise RSC Inc), Indenture (Bally Franchise RSC 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:
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the 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;
(cC) 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;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 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 such the Holders.
Appears in 2 contracts
Sources: Indenture (Petsmart Inc), Indenture (United States Filter Corp)
Limitation on Suits. No Holder of any Security of any Series 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) the Holders of not less than at least 25% in aggregate 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;
(c3) such Holder or Holders have offered and provided to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request;
(d4) the Trustee for 60 days after its receipt of such notice, request request, offer and offer provision of indemnity has failed to institute any such proceeding; and
(e5) 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 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 such the Holders.
Appears in 2 contracts
Sources: Indenture (Gap Inc), Indenture (Gap 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:
(a) 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;
(b) the Holders of not less than 25% at least thirty-three percent (33%) in aggregate principal amount of the outstanding Securities of that Series Bonds then Outstanding 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;
(c) 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;
(d) 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
(e) no direction inconsistent with such written request has shall have been given to the Trustee during such sixty (60-) day period by the Holders of at least 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, 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: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (Pg&e 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
(ai) 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 SeriesSecurities;
(bii) the Holders of not less than 25% in principal amount aggregate Original 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;
(ciii) such Holder or Holders shall have offered to the Trustee reasonable indemnity satisfactory to it as it may require against the costslosses, liabilities and expenses and liabilities to be incurred in compliance with such request;
(div) 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
(ev) no direction inconsistent with such written request has shall have been given to the Trustee pursuant to Section 4.12 during such 60-day period by the Holders of a majority in principal amount Original 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 and common benefit of all of such Holders.
Appears in 2 contracts
Sources: Indenture (American Express Co), Indenture (American Express Co)
Limitation on Suits. No Holder of any Security of any Series shall have any right to institute or 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
(aA) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(bB) the Holders of not less than 25% in principal amount of the 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;
(cC) 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;
(dD) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(eE) 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 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 such the Holders.
Appears in 2 contracts
Sources: Indenture (Sunrise Assisted Living Inc), Indenture (Occusystems Inc)
Limitation on Suits. No Holder of any Security of any Series Investor Certificateholder shall have any right to institute any proceeding, judicial or otherwise, with respect to this IndentureAgreement, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
(a) there is a continuing Event of Default and such Holder Certificateholder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders Investor Certificateholders of an aggregate Percentage of not less than 2550% 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;
(c) such Holder Investor Certificateholder or Holders Investor Certificateholders have offered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) 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
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders Investor Certificateholders of a majority in aggregate principal amount of the outstanding Securities of that SeriesInvestor Certificates; it being understood and intended that no one or more of such Holders Investor Certificateholders 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 HoldersCertificateholders, or to obtain or to seek to obtain priority or preference over any other of such Holders Certificateholders or to enforce any right under this IndentureAgreement, except in the manner herein provided and for the equal and ratable benefit of all such Holdersthe Certificateholders.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Acc Consumer Finance Corp), Pooling and Servicing Agreement (Advanta Auto Finance 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
(a) such an Event of Default with respect to Securities of that series has occurred and is continuing and that Holder has previously given written notice to the Trustee of a that continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders any Holder of not less than 25% in principal amount of the outstanding Securities of that Series a particular 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders any Holder of a majority in principal amount of the outstanding Securities of that Seriesparticular series; it being understood and intended that no one or more of such those 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 those Holders, or to obtain or to seek to obtain priority or preference over any other of such those 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 those Holders.
Appears in 2 contracts
Sources: Indenture (Magnum Hunter Resources Inc), Indenture (Pentegra Dental Group 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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesNotes;
(b) the Holders of not less than 25% 25 percent 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;
(c) such Holder or Holders have offered and, if requested, provided to the Trustee security or indemnity satisfactory to the Trustee in its reasonable indemnity discretion against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) the Trustee for 60 30 calendar days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 principal amount of the outstanding Securities of that SeriesNotes; in any event, 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 benefit of all such HoldersHolders of Notes.
Appears in 2 contracts
Sources: Indenture (McLeodusa Inc), Indenture (McLeodusa 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
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b) the Holders of not less than at least 25% in aggregate 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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 (SVB Financial Group), Indenture (SVB Financial Group)
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:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount at maturity 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;
(c) such Holder or Holders have offered to the Trustee reasonable indemnity or security reasonably satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request;
(d) 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
(e) 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 at maturity 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 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 such the Holders.
Appears in 2 contracts
Sources: Indenture (Telemundo Holding Inc), Indenture (Telemundo Holding Inc)
Limitation on Suits. No Holder holder of any Security of any Series shall have the Notes has 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 hereunderthereunder, unless
(ai) such Holder has previously given written notice to the Trustee of a continuing notice that an Event of Default with respect to the Securities of that Series;is continuing,
(bii) the Holders of not less than at least 25% in aggregate principal amount of the outstanding Securities of that Series shall Outstanding Notes have made written request request, and offered reasonable indemnity, to the Trustee to institute proceedings in respect of such Event of Default in its own name proceeding as Trustee hereunder;under the Notes and this Indenture,
(c) 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;
(diii) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; proceeding within 60 days after receipt of such notice and offer of indemnity, and
(eiv) no direction the Trustee, within such 60-day period, has not received directions 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 Outstanding Notes. Such limitations do not apply, however, to a suit instituted by a holder of that Seriesa Note for the enforcement of the payment of the principal of, premium, if any, or interest on such Note on or after the respective due dates expressed in such Note; 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 ofto, 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 IndentureIndenture or any Note, except in the manner herein provided in this Indenture and for the equal and ratable benefit of all such the Holders.
Appears in 2 contracts
Limitation on Suits. No Holder of any Security of any Series 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
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e5) 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 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 (Bergen Brunswig Corp), Indenture (Bergen Brunswig 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
(a) such Holder ▇▇▇▇▇▇ has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Series;
(b) 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;
(c) 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;
(d) 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
(e) 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 such Holders (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders).
Appears in 2 contracts
Sources: Indenture (Discovery Laboratories Inc /De/), Indenture (Discovery Laboratories Inc /De/)
Limitation on Suits. No Subject to Section 5.17 of this Indenture, 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 trustee, or for any other remedy hereunder, unless:
(a) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that SeriesDefault;
(b) the Holders of not less than 25% in aggregate principal amount of the Notes 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;
(c) 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;
(d) the Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute any such proceeding; and
(e) 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 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, 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 the Holders.
Appears in 2 contracts
Sources: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)
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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) 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
(e5) 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 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 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 (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings 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:
(a1) such Holder has previously given written notice to the Trustee of a continuing Event of Default with respect to the Securities of that Seriesseries;
(b2) 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;
(c3) 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;
(d4) 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
(e5) 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 and intended that no one or more of such Holders 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 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 (Chittenden Corp /Vt/), Indenture Agreement (Chittenden Corp /Vt/)