Common use of Limitation on Bondholders’ Right to Xxx Clause in Contracts

Limitation on Bondholders’ Right to Xxx. No holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such holder shall have previously given to the Bondowner Representative written notice of the occurrence of an Event of Default hereunder; (b) the holders of at least a majority in aggregate principal amount of all the Bonds then Outstanding shall have made written request upon the Bondowner Representative to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) said holders shall have tendered to the Bondowner Representative indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Bondowner Representative shall have refused or omitted to comply with such request for a period of thirty (30) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner Representative. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunder; it being understood and intended that no one or more holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of the Outstanding Bonds. The right of any holder of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 of this Indenture.

Limitation on Bondholders’ Right to Xxx. No holder Notwithstanding any other provision hereof, no Holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such holder Holder shall have previously given to the Bondowner Representative Trustee written notice of the occurrence of an Event of Default hereunder; (b) the holders Holders of at least a majority in aggregate principal amount of all the Bonds then Outstanding shall have made written request upon the Bondowner Representative Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) said holders Holders shall have tendered to the Bondowner Representative Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Bondowner Representative Trustee shall have refused or omitted to comply with such request for a period of thirty sixty (3060) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner RepresentativeTrustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder Holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunder; it being understood and intended that no one or more holders Holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its his or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders Holders of the Outstanding Bonds. The right of any holder Holder of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond out of RevenuesPayments and the funds pledged herein, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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 holderHolder, except as otherwise provided notwithstanding the foregoing provisions of this Section or allowed pursuant to Sections 5.04, 7.02 and/or Section 7.08 of this Indenture or any other provision of this Indenture.

Limitation on Bondholders’ Right to Xxx. No holder Holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under this Trust Agreement, the Act or upon this Indentureany other applicable law with respect to such Bond, unless unless: (a1) such holder Holder shall have previously given to the Bondowner Representative Trustee written notice of the occurrence of an Event of Default hereunderDefault; (b2) the holders Holders of at least not less than a majority in aggregate principal amount of all Bond Obligation of the Junior Subordinate Bonds then Outstanding shall have made written request upon the Bondowner Representative Trustee to exercise the powers hereinbefore granted or to institute such actionsuit, suit action or proceeding in its own name; (c3) such Holder or said holders Holders shall have tendered to the Bondowner Representative Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d4) the Bondowner Representative Trustee shall have refused or omitted to comply with such request for a period of thirty (30) 60 days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner RepresentativeTrustee; provided, however, that the written consent of a Credit Provider providing a Credit Enhancement with respect to a Series of Junior Subordinate Bonds shall be required if the Credit Enhancement with respect to such Series of Junior Subordinate Bonds is in full force and effect and if the Credit Provider providing such Credit Enhancement is not then failing to make a payment as required in connection therewith. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder Holder of Junior Subordinate Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunderhereunder or under law; it being understood and intended that no one or more holders Holders of Junior Subordinate Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its his or their action to affect, disturb or prejudice the security of this Trust Agreement or the rights of any other Holders of Junior Subordinate Bonds, or to enforce any right under this IndentureTrust Agreement, the Act or other applicable law with respect to the Junior Subordinate Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture such right shall be instituted, had and maintained in the manner herein provided and for the equal benefit and protection of all holders Holders of the Outstanding Junior Subordinate Bonds. The right of any holder of any Bond , subject to receive payment of the principal of (and premium, if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 provisions of this IndentureTrust Agreement.

Limitation on Bondholders’ Right to Xxx. No holder of any Bond issued hereunder (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such holder shall have previously given to the Bondowner Representative written notice of the occurrence of an Event of Default hereunder; (b) the holders of at least a majority in aggregate principal amount of all the Bonds then Outstanding outstanding shall have made written request upon the Bondowner Representative to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) said holders shall have tendered to the Bondowner Representative indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Bondowner Representative shall have refused or omitted to comply with such request for a period of thirty (30) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner Representative. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunder; it being understood and intended that no one or more holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of the Outstanding outstanding Bonds. The right of any holder of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 of this Indenture.

Limitation on Bondholders’ Right to Xxx. No holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such holder shall have previously given to the Bondowner Representative Trustee written notice of the occurrence of an Event of Default hereunder; (b) the holders of at least a majority in aggregate principal amount of all the Bonds then Outstanding outstanding shall have made written request upon the Bondowner Representative Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) said holders shall have tendered to the Bondowner Representative Trustee indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Bondowner Representative Trustee shall have refused or omitted to comply with such request for a period of thirty (30) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner RepresentativeTrustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunder; it being understood and intended that no one or more holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of the Outstanding outstanding Bonds. The right of any holder of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond out of Special Tax Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided notwithstanding the foregoing provisions of this Section or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 Section 9.08 or any other provision of this Indenture.

Limitation on Bondholders’ Right to Xxx. No holder Holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under this Trust Agreement, the Act or upon this Indentureany other applicable law with respect to such Bond, unless unless: (a1) such holder Holder shall have previously given to the Bondowner Representative Trustee written notice of the occurrence of an Event of Default hereunderDefault; (b2) the holders Holders of at least not less than a majority in aggregate principal amount of all Bond Obligation of the Bonds then Outstanding shall have made written request upon the Bondowner Representative Trustee to exercise the powers hereinbefore granted or to institute such actionsuit, suit action or proceeding in its own name; (c3) such Holder or said holders Holders shall have tendered to the Bondowner Representative Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d4) the Bondowner Representative Trustee shall have refused or omitted to comply with such request for a period of thirty (30) 60 days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner RepresentativeTrustee; provided, however, that the written consent of a Credit Provider providing a Credit Enhancement with respect to a Series of Bonds shall be required if the Credit Enhancement with respect to such Series of Bonds is in full force and effect and if the Credit Provider providing such Credit Enhancement is not then failing to make a payment as required in connection therewith. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder Holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunderhereunder or under law; it being understood and intended that no one or more holders Holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its his or their action to affect, disturb or prejudice the security of this Trust Agreement or the rights of any other Holders of Bonds, or to enforce any right under this IndentureTrust Agreement, the Act or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture such right shall be instituted, had and maintained in the manner herein provided and for the equal benefit and protection of all holders Holders of the Outstanding Bonds. The right of any holder of any Bond , subject to receive payment of the principal of (and premium, if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 provisions of this IndentureTrust Agreement.

Limitation on Bondholders’ Right to Xxx. No holder Subject to Section 7.01 hereof, no Holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under or upon this Indenture, the Agreement, the Guaranty, the Note, any Letter of Credit, the Act or any other applicable law with respect to such Bond, unless (a1) such holder Holder shall have previously given to the Bondowner Representative Trustee written notice of the occurrence of an Event of Default hereunderDefault; (b2) the holders Holders of at least a majority not less than fifty percent (50%) in aggregate principal amount of all the Bonds then Outstanding shall have made written request upon the Bondowner Representative Trustee to exercise the powers hereinbefore granted or to institute such actionsuit, suit action or proceeding in its own name; (c3) subject to Section 8.03(G) hereof, such Holder or said holders Holders shall have tendered to the Bondowner Representative Trustee indemnity and/or security satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d4) the Bondowner Representative Trustee shall have refused or omitted to comply with such request for a period of thirty sixty (3060) days after such written request shall have been received by, and said tender of indemnity and/or security shall have been made to, the Bondowner RepresentativeTrustee. Such notification, request, tender of indemnity and/or security and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder Holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunderhereunder or under law; it being understood and intended that no one or more holders Holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its such Holders’ action to affect, disturb or their action prejudice the security of this Indenture or the rights of any other Holders of Bonds, or to enforce any right under this Indenture, the Agreement, the Guaranty, the Note, any Letter of Credit, the Act or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture such right shall be instituted, had and maintained in the manner herein provided and for the equal benefit and protection of all holders Holders of the Outstanding Bonds. The right of any holder of any Bond , subject to receive payment of the principal of (and premium, if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 provisions of this IndentureIndenture (including Section 6.02 hereof).

Limitation on Bondholders’ Right to Xxx. No holder Holder of any Bond (except the Bondowner Representative, if it is a holder of Bonds) issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for the execution of any trust or power of this Indenture or for any other remedy under or upon this Indenture, unless (a) such holder Holder shall have previously given to the Bondowner Representative Trustee and the Credit Enhancement Provider written notice of the occurrence of an Event of Default hereunder; (b) the holders Holders of at least a majority twenty-five per cent (25%) in aggregate principal amount of all the Bonds then Outstanding outstanding shall have made written request upon to the Bondowner Representative Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) such Holder or said holders Holders shall have tendered to the Bondowner Representative Trustee reasonable indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Bondowner Representative Trustee shall have refused or omitted to comply with such request for a period of thirty (30) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Bondowner RepresentativeTrustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder Holder of Bonds (except the Bondowner Representative, if it is a holder of Bonds) of any remedy hereunder; it being understood and intended that no one or more holders Holders of Bonds (except the Bondowner Representative, if it is a holder of Bonds) shall have any right in any manner whatever by its his or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders Holders of the Outstanding Bonds. The right of any holder of any Bond to receive payment of the principal of (and premium, if any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, 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, except as otherwise provided or allowed pursuant to Sections 5.04, 7.02 and/or 7.08 of this Indenture.