Enforcement by Holders Clause Samples

Enforcement by Holders. Holders may not enforce this Indenture or the Senior Secured Notes except as provided in this Indenture and subject to the Intercreditor Agreement and may not enforce the Security Documents except as provided in such Security Documents and subject to the Intercreditor Agreement.

Enforcement by Holders. Holders of the Notes may not enforce this Indenture or the Notes except as provided in this Indenture and subject to the Intercreditor Agreement and any Additional Intercreditor Agreement and may not enforce the Security Documents except as provided in such Security Documents and subject to the Intercreditor Agreement or any Additional Intercreditor Agreement.

Enforcement by Holders. Each holder of a Note is (if and when a valid cause of action which is enforceable by a Holder (as defined in the Indenture) arises under the Notes) entitled to s▇▇ as claimant in the Scottish courts for the enforcement of its rights against the Issuer, as applicable, and such entitlement will not be subject to any conditions which are not applicable to residents of Scotland, save that a Scottish court may require a person who is not resident in Scotland to provide security for costs.

Enforcement by Holders. For the purposes of the Contracts (Rights of Third Parties) Ac▇ ▇▇▇▇ (the “Contracts Act”), this Guarantee may be enforced by, and will confer benefits on, each of the present and future Holders of each of the Notes; provided, that, for amendments and waivers as provided in Section 6.1, the consent of the Holder or Holders at the time of that amendment and/or waiver shall be required, but not the consent of any future Holders.

Enforcement by Holders. (a) All of the rights, powers and remedies against the Issuer in connection with the Notes are held by the Trustee on trust for the benefit of the Holders. Accordingly, subject to clause 9.3(b): (i) no Holder is entitled to directly enforce any rights, powers or remedies under this Deed or the Terms directly against the Issuer; and (ii) the rights, powers or remedies of the Trustee under and in respect of this Deed and the Terms are exercisable and enforceable by the Trustee only. No Holder may exercise any of them (whether in its own name or the Trustee’s name). (b) A Holder, or Holders, may only take action or proceedings against the Issuer or to enforce any provision of a Transaction Document following the making of a request in accordance with clause 9.2(a) if: (i) the Trustee, having become bound to proceed in accordance with this Deed and the Terms, fails to do so within 20 Business Days of being obliged to do so and such failure is continuing; or (ii) 30 Business Days have lapsed since the date on which the Holder, or Holders, gave notice to the Trustee that it, or they, intended to commence such action or proceedings (with such notice to specify the details of its claim and the basis of its claim) and the Trustee has not commenced such action or proceedings as a result of the request of the Holder, or Holders, made in accordance with clause 9.2(a), in which case any such Holder may itself institute such actions or proceedings against the Issuer to the same extent (but not further or otherwise) that the Trustee would have been entitled to do so. Any such proceedings must be brought in the name of the Holders and not the Trustee. The Holder, or Holders, must provide to the Issuer a copy of the notice referred to in clause 9.3(a) as soon as reasonably practicable.

Enforcement by Holders. Notwithstanding anything set forth in the Indenture or elsewhere to the contrary, each holder of Series B Debentures shall have the right to bring suit seeking enforcement of CFC’s obligations hereunder to make the Tender Offer and any other rights as they may have at law.