Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or the related Guarantees, if any, only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such that series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such that series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such that series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such that 60-day period period, the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof7.07, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 hereof11.7, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 hereof, a A Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities (except actions for payment of such series only ifoverdue principal or interest or for the conversion of the Securities pursuant to Article 4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or any related Guarantees only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this the Indenture or the Securities of such series Notes or any related Subsidiary Guarantees only if: (1) the Holder gives has previously given to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities of that series then outstanding Notes do not give the Trustee a direction inconsistent with the such request. A Holder may not use this the Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or the related Guarantees, if any, only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a A Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities (except actions for payment of such series only ifoverdue principal or interest, Contingent Interest, if any, or Liquidated Damages, if any, or for the conversion of the Securities pursuant to Article 5) unless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 hereof8.07, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-60- day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 5.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1a) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2b) the Holders of at least 25% in principal amount of the Securities of the affected series then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5e) during such 60-day period the Holders of a majority in principal amount of the such Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof5.07, a Holder of a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer furnish to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer furnishing of indemnity; and (5v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities of that series then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 5.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such any series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series then outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a no Holder of a Security of any series may pursue a any remedy with respect to this Indenture or the Securities of such series only ifNotes unless: (1a) the such Holder gives to has previously given the Trustee written notice of a continuing that an Event of Default with respect to such seriesthe Notes is continuing; (2b) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to Notes have requested in writing that the Trustee to pursue the remedy; (3c) such Holder or Holders offer to have offered the Trustee security or indemnity satisfactory to the Trustee in its sole discretion against any losscost, liability or expense; (4d) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request and the offer of security or indemnity; and (5e) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do outstanding Notes have not give given the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the requestsuch request within such 60-day period. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.”

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or the related Guarantees, if any, only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a A Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another such other Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or the related Guarantees only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or the related Guarantees, if any, only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof5.07, a Holder of a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series only if: (1) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer furnish to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer furnishing of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 7.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this the Indenture or the Securities of such series Notes or any related Subsidiary Guarantees only if: (1) the Holder gives has previously given to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series Notes make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer and, if requested, provide to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities of that series then outstanding Notes do not give the Trustee a direction inconsistent with the such request. A Holder may not use this the Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof8.7, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee adequate security or full indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of adequate security or full indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount aggregate Principal Amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 5.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2ii) the Holders of at least 25% in principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.. -39-

Limitations on Suits. Subject to Section 6.07 hereof, a (a) A Holder of a Security of any series may pursue a remedy with respect to this Indenture Indenture, the Subsidiary Guarantees or the Securities of such series Notes only if: (1i) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2ii) the Holders Holder(s) of at least 25% 25 percent in principal amount of the then outstanding Securities of such series Notes make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities of that series then outstanding Notes do not give the Trustee a direction inconsistent with the request. . (b) A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof8.7, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in principal amount aggregate Principal Amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee adequate security or full indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of adequate security or full indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in principal amount aggregate Principal Amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 hereof5.07, a Holder of a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such any series only if: (1) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series then outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer furnish to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer furnishing of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a A Holder of a Security of any series may not pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 30% (25% in the case of an Event of Default with respect to payment of principal of or interest on the Securities) in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the then outstanding Securities of that series do not give the Trustee a direction which is inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a no Holder of a Security of any series Note may pursue a any remedy with respect to this Indenture or the Securities of such series only ifNotes unless: (1) the such Holder gives to has previously given the Trustee written notice of a continuing that an Event of Default with respect to such seriesis continuing; (2) the Holders of at least 2530% in principal amount of the then total outstanding Securities of such series make a written request to Notes have requested in writing the Trustee to pursue the remedy; (3) such Holder or Holders offer to of the Notes have offered the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expenseexpense reasonably satisfactory to the Trustee; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do total outstanding Notes have not give given the Trustee a direction inconsistent with the requestsuch written request within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another HolderHolder of a Note.

Limitations on Suits. Subject to Section 6.07 5.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2ii) the Holders of at least 25% in principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.. -42-

Limitations on Suits. Subject to Section 6.07 hereof, a A Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer offer, and if requested provide, to the Trustee reasonable indemnity satisfactory to the Trustee against any loss, liability or expense; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5e) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another such other Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series or any related Guarantee only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such use prejudices the rights of another Holder or obtains preference or priority over another Holder).

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer provide to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with respect to the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with respect to the request within 60 days after receipt of the request notice and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of security or indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series series, only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period period, the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such that series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such that series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such that series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer (and, if accepted, furnish) to the Trustee indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such that 60-day period period, the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof6.07, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof8.7, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in aggregate principal amount of the applicable Series of Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority in aggregate principal amount of the applicable Series of Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.

Limitations on Suits. Subject to Section 6.07 5.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1i) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2ii) the Holders of at least 25% in principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3iii) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4iv) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5v) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; (2b) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expenseexpense in its sole discretion; (4d) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5e) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a no Holder of a Security of any series Note may pursue a any remedy with respect to this Indenture or the Securities of such series only ifNotes unless: (1) the such Holder gives to has previously given the Trustee written notice of a continuing that an Event of Default with respect to such seriesis continuing; (2) the Holders of at least 2530% in principal amount of the then total outstanding Securities of such series make a written request to Notes have requested in writing the Trustee to pursue the remedy; (3) such Holder or Holders offer to of the Notes have offered the Trustee security or indemnity satisfactory to the Trustee against any loss, liability or expenseexpense reasonably satisfactory to it; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the offer of security or indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do total outstanding Notes have not give given the Trustee a direction inconsistent with the requestsuch written request within such 60-day period. A Holder of a Note may not use this Indenture to prejudice the rights of another Holder of a Note or to obtain a preference or priority over another HolderHolder of a Note.

Limitations on Suits. Subject to Section 6.07 5.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such any series only if: (1) the such Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series then outstanding make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof, a Holder of a Security of any series may pursue a remedy with respect to this Indenture or the Securities of such series only if: : (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such series; series; (2) the Holders of at least 25% in principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; remedy; (3) such Holder or Holders offer to the Trustee indemnity satisfactory to the Trustee against any loss, liability or expense; expense; (4) the Trustee does not comply with the request within 60 days after receipt of the request and the offer of indemnity; and indemnity; and (5) during such 60-day period the Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder.

Limitations on Suits. Subject to Section 6.07 hereof11.7, a Holder of a Security of may not pursue any series may pursue a remedy with respect to this Indenture or the Securities of such series only ifunless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default with respect to such seriesDefault; (2) the Holders of at least 25greater than 50% in aggregate principal amount of the then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee security or indemnity reasonably satisfactory to the Trustee against any loss, liability or expense; (4) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of security or indemnity; and (5) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holder or Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestthen outstanding. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holdersuch other Securityholder.