Common use of Proceedings by Securityholders Clause in Contracts

Proceedings by Securityholders. (a) No Holder of any Security shall have any right by virtue of or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such ▇▇▇▇▇▇ previously shall have given to the Trustee written notice of an Event of Default with respect to such Security and of the continuance thereof, as hereinabove provided, and unless also Securityholders of a majority in aggregate principal amount of the Securities of such series then outstanding affected by such Event of Default shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding. (b) Notwithstanding any other provision in this Indenture, however, the rights of any Holder of any Security to receive payment of the principal of and any premium and interest on such Security, on or after the respective due dates expressed in such Security or on the applicable redemption date, or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Proceedings by Securityholders. (a) No Holder holder of any Security shall have any right by virtue of or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such ▇▇▇▇▇▇ holder previously shall have given to the Trustee written notice of an Event of Default with respect to such Security and of the continuance thereofthereof with respect to the Securities specifying such Event of Default, as hereinabove hereinbefore provided, and unless also Securityholders the holders of a majority not less than 25% in aggregate principal amount of the Securities of such series then outstanding affected by such Event of Default shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have neglected or refused failed to institute any such action, suit or proceeding. (b) Notwithstanding , it being understood and intended, and being expressly covenanted by the taker and holder of every Security with every other taker and holder and the Trustee, that no one or more holders of Securities shall have any other right in any manner whatever by virtue of or by availing of any provision in of this IndentureIndenture to affect, however, disturb or prejudice the rights of any Holder other holder of any Security to receive payment of the principal of and any premium and interest on such Security, on or after the respective due dates expressed in such Security or on the applicable redemption dateSecurities, or to institute suit obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this Indenture, except in the manner herein provided and for the enforcement equal, ratable and common benefit of any such payment on or after such respective dates shall not be impaired or affected without the consent all holders of such HolderSecurities.

Proceedings by Securityholders. (a) No Holder of any Security shall have any right by virtue of or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such ▇▇Ho▇▇▇▇ previously ▇reviously shall have given to the Trustee written notice of an Event of Default with respect to such Security and of the continuance thereof, as hereinabove provided, and unless also Securityholders of a majority in aggregate principal amount of the Securities of such series then outstanding affected by such Event of Default shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding. (b) Notwithstanding any other provision in this Indenture, however, the rights of any Holder of any Security to receive payment of the principal of and any premium and interest on such Security, on or after the respective due dates expressed in such Security or on the applicable redemption date, or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.

Proceedings by Securityholders. (a) No Holder holder of any Security shall have any right by virtue of or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless such ▇▇▇▇▇▇ holder previously shall have given to the Trustee written notice of an Event of Default with respect to such Security and of the continuance thereofthereof with respect to the Securities specifying such Event of Default, as hereinabove hereinbefore provided, and unless also Securityholders the holders of a majority not less than 25% in aggregate principal amount of the Securities of such series then at the time outstanding affected by such Event of Default shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for 60 90 days after its receipt of such notice, request and offer of indemnity, indemnity shall have neglected or refused failed to institute any such action, suit or proceeding. (b) Notwithstanding any other provision , and during such 90 days the holders of a majority in this Indenture, however, the rights of any Holder of any Security to receive payment principal amount of the principal of Securities at the time outstanding do not give a direction to the Trustee inconsistent with the request, it being understood and any premium intended, and interest on such Security, on or after the respective due dates expressed in such Security or on the applicable redemption date, or to institute suit for the enforcement of any such payment on or after such respective dates shall not be impaired or affected without the consent of such Holder.being expressly