Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, interest or Additional Interest, if any, or for the right to convert the Securities pursuant to Article IV) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity 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 aggregate principal amount of the Securities then outstanding of the applicable series. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Limitations on Suits. A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principalAccreted Principal Amount of, premium, if any, or interest or Additional Interest, if anyon, or for the right to convert conversion of the Securities pursuant to Article IV4) unless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount Accreted Principal Amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3c) such the Holder or Holders offer offer, and if requested, provide to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;; and (4d) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of indemnity; and (5) 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 Accreted Principal Amount of the Securities then outstanding of outstanding, a direction that is inconsistent with the applicable seriesrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Limitations on Suits. A Holder of a Security may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or Additional Interest, if any, or for the right to convert conversion of the Securities pursuant to Article IV5) unless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3c) such Holder or Holders offer to the Trustee reasonable indemnity 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 then outstanding of the applicable seriesoutstanding. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Limitations on Suits. A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principalAccreted Principal Amount of, premium, if any, or interest or Additional Interest, if anyon, or for the right to convert conversion of the Securities pursuant to Article IV0) unless: (1a) the Holder gives to the Trustee written notice of a continuing Event of Default; (2b) the Holders of at least 25% in aggregate principal amount Accreted Principal Amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3c) such the Holder or Holders offer offer, and if requested, provide to the Trustee reasonable indemnity reasonably satisfactory to the Trustee against any loss, liability or expense;; and (4d) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the offer of indemnity; and (5) 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 Accreted Principal Amount of the Securities then outstanding of outstanding, a direction that is inconsistent with the applicable seriesrequest. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Limitations on Suits. A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or (including Additional Interest, if any, or ) for the right to convert conversion of the Securities pursuant to Article IV4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity 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 aggregate principal amount of the Securities then outstanding of the applicable seriesoutstanding. A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or Additional Interest, if any, or for the right to convert conversion of the Securities pursuant to Article IV4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount Principal Amount at Maturity of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity 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 aggregate principal amount Principal Amount at Maturity of the Securities then outstanding of the applicable series. outstanding. (b) A Securityholder may not use this Indenture to prejudice the rights of another Securityholder or to obtain a preference or priority over such other Securityholder.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or Additional Interest, if any, or for the right to convert conversion of the Securities pursuant to Article IV) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity 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) 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 then outstanding outstanding. (b) No Holder of the applicable series. A Securityholder may not use a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Securityholder Holder of a Security or to obtain a preference or priority over such other Securityholderanother Holder of a Security.

Limitations on Suits. A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premiuminterest, if any, interest or Additional Interestthe Make Whole Premium, if any, or for the right to convert conversion of the Securities pursuant to Article IV5) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable indemnity or security to the Trustee against any loss, liability or expenseexpense to be incurred therein or thereby; (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 aggregate principal amount of the Securities then outstanding of the applicable seriesoutstanding. A Securityholder Holder may not use this Indenture to prejudice the rights of another Securityholder Holder or to obtain a preference or priority over such other SecurityholderHolder.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or Additional Interest, if any, or for the right to convert conversion of the Securities pursuant to Article IV4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity 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) 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 then outstanding outstanding. (b) No Holder of the applicable series. A Securityholder may not use a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Securityholder Holder of a Security or to obtain a preference or priority over such other Securityholderanother Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or Additional Interest, if any, or for the right to convert conversion of the Securities pursuant to Article IV4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 2525.00% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity 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) 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 then outstanding outstanding. (b) No Holder of the applicable series. A Securityholder may not use a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Securityholder Holder of a Security or to obtain a preference or priority over such other Securityholderanother Holder of a Security.

Limitations on Suits. (a) A Holder may not pursue any remedy with respect to this Indenture or the Securities (except actions for payment of overdue principal, premium, if any, or interest or Additional Interest, if any, or for the right to convert exchange of the Securities pursuant to Article IV4) unless: (1) the Holder gives to the Trustee written notice of a continuing Event of Default; (2) the Holders of at least 25% in aggregate principal amount of the then outstanding Securities of the applicable series make a written request to the Trustee to pursue the remedy; (3) such Holder or Holders offer to the Trustee reasonable security or indemnity 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) 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 then outstanding outstanding. (b) No Holder of the applicable series. A Securityholder may not use a Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Securityholder Holder of a Security or to obtain a preference or priority over such other Securityholderanother Holder of a Security.