Condition to Action. The obligation of the Trustee to take any action on behalf of the SVS Holders pursuant to Sections 3.2 and 3.3 shall be conditional upon the Trustee receiving from either the interested party referred to in Section 3.2, the Company or from one or more SVS Holders such funds and indemnity as the Trustee may reasonably require in respect of any costs or expenses which it may incur in connection with any such action. The Company shall provide such reasonable funds and indemnity to the Trustee if the Trustee has delivered to the Company the certificate referred to in Section 3.2.
Condition to Action. The obligation of the Trustee to take any action on behalf of the Holders pursuant to Sections 3.2 and 3.3 shall be conditional upon the Trustee receiving from either the interested party referred to in Section 3.2, the Corporation or from one or more Holders such funds and indemnity as the Trustee may reasonably require in respect of any costs or expenses which it may incur in connection with any such action. The Corporation shall provide such reasonable funds and indemnity to the Trustee if the Trustee has delivered to the Corporation the certificate referred to in Section 3.2.
Condition to Action. Notwithstanding anything elsewhere in this Indenture to the contrary, the Trustee shall have the right, but shall not be required, to demand, in respect of the authentication of any Notes or any other action within the purview of this Indenture, any showings, certificates, opinions, or other information, or corporate action or evidence thereof in addition to that by the terms hereof required, as a condition of such action by the Trustee if reasonably deemed desirable by the Trustee for the purpose of establishing the right to the authentication of any Notes or the taking of any other action by the Trustee.
Condition to Action. Neither the Company nor any other Obligor nor HIL will take any action that consummates or finalizes a Change in Control unless (i) at least 30 days prior to such action the Company shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in clause (c) of this Section 8.4, accompanied by the certificate described in clause (g) of this Section 8.4, and (ii) contemporaneously with such action, the Company prepays all Notes required to be prepaid in accordance with this Section 8.4.
Condition to Action. The obligation of the Trustee to take any action on behalf of the SVS Holders pursuant to Sections 3.2 and
Condition to Action. The obligation of the Trustee to take any action on behalf of the holders of the Class A Shares will be conditional upon the Trustee receiving from the Manager or from one or more holders of Class A Shares such funds and indemnities as the Trustee may reasonably require in respect of any costs or expenses which it may incur in connection with any such action. The Manager will provide such funds and indemnities to the Trustee if the Trustee has delivered to the Manager the certificate referred to in section 3.4(a) below.
Condition to Action. The obligation of the Trustee to take any action on behalf of the holders of the Limited Voting Shares shall be conditional upon the Trustee receiving from the Company or from one or more Holders such funds and indemnity as the Trustee may reasonably require in respect of any costs or expenses which it may incur in connection with any such action. The Company shall provide such reasonable funds and indemnity to the Trustee if the Trustee has delivered to the Company the certificate referred to in section 3.02.
Condition to Action. No Constituent Company will take any action that consummates or finalizes a Change in Control unless (i) at least 60 days prior to such action the Company shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph (c) of this Section, accompanied by the certificate described in subparagraph (g) of this Section, and (ii) contemporaneously with such action, the Company prepays all Notes required to be prepaid in accordance with this Section.
Condition to Action. The obligation of the Trustee to take any action on behalf of the CS Holders pursuant to Sections 3.2 and 3.3 shall be conditional upon the Trustee receiving from either the interested party referred to in Section 3.2, the Company or from one or more CS Holders such funds and indemnity as the Trustee may reasonably require in respect of any costs or expenses which it may incur in connection with any such action. The Company shall provide such reasonable funds and indemnity to the Trustee if the Trustee has delivered to the Company the certificate referred to in Section 3.2.
Condition to Action. 6 3.05 Limitation on Action by Holder...............................6 ARTICLE 4 - COMPENSATION.......................................................7 4.01 Fees and Expenses of the Trustee.............................7 ARTICLE 5 - INDEMNIFICATION....................................................7 5.01 Indemnification of the Trustee...............................7
