Common use of Limitations on Suits Clause in Contracts

Limitations on Suits. Subject to Section 5.07, a Holder of Securities may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (i) such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another Holder).

Limitations on Suits. Subject to Section 5.07, a Holder of Securities may pursue a remedy with respect to this Indenture (including the Guarantees, if any) or the Securities only if: (i) such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the applicable series of Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee reasonable indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the applicable series of Securities then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject In case an Event of Default occurs and is continuing under this Indenture, the Trustee will be under no obligation to Section 5.07, a Holder exercise any of Securities may pursue a remedy with respect to the rights or powers under this Indenture (including at the Guarantees) request or the Securities only if: (i) direction of any Holders unless such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish have offered, and, if requested, provided to the Trustee indemnity and and/or security satisfactory to the Trustee against any loss, liability or expense. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Holder of a Note may pursue any remedy with respect to this Indenture unless: (1) such Holder has previously given the Trustee notice that an Event of Default is continuing; (iv2) Holders of at least 30% in aggregate principal amount of the Notes that are then outstanding have requested the Trustee to pursue the remedy; (3) such Holders have offered, and, if requested, provided, to the Trustee security and/or indemnity satisfactory to it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the furnishing offer of such security or indemnity; and (v5) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Notes that are then outstanding do have not give given the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to request within such Holders or obtain a preference or priority over another Holder)60-day period.

Limitations on Suits. Subject to Section 5.076.07 hereof, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series or the related Guarantees, if any, only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to such series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such indemnity; and (v5) during such 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such action use by a Holder prejudices the rights of any other Holder or forbearances are unduly prejudicial to such Holders or obtain a obtains preference or priority over another such other Holder).

Limitations on Suits. Subject to Section 5.076.07 hereof, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series or the related Guarantees, if any, only if: (i1) such the Holder gives has previously given to the Trustee written notice of a continuing Event of DefaultDefault with respect to such series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such indemnity; and (v5) during such 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such action use by a Holder prejudices the rights of any other Holder or forbearances are unduly prejudicial to such Holders or obtain a obtains preference or priority over another such other Holder).

Limitations on Suits. Subject to Section 5.076.07 hereof, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of that series only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to that series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of that series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such indemnity; and (v5) during such that 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such action or forbearances are unduly prejudicial to such use by a Holder prejudices the rights of any other Holders or obtain a obtains priority or preference or priority over another Holdersuch other Holders).

Limitations on Suits. Subject to Section 5.07, a (a) A Holder of Securities may not pursue a any remedy with respect to this Indenture (including the Guarantees) or the Securities only if(except actions for payment of overdue principal, premium, if any, or interest or for the conversion of the Securities pursuant to Article 4) unless: (i1) such the Holder gives to the Trustee written notice of a continuing Event of Default; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee security or indemnity and security satisfactory to the Trustee it against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such security or indemnity; and (v5) 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 do not give the Trustee outstanding. (b) No Holder of a direction inconsistent with the request. A Holder may not use Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain of a preference or priority over another Holder)Security.

Limitations on Suits. Subject to Section 5.07, a Holder of Securities of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of that series only if: (i) such Holder gives to the Trustee written notice in conformity with Section 11.02 of a continuing Event of DefaultDefault with respect to that series; (ii) the Holders of at least 25% in aggregate principal amount of the Securities of such series then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders offer to furnish to the Trustee indemnity and security reasonably satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities of such series then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject to Section 5.076.07 hereof, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series or the related Guarantees, if any, only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to such series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such security or indemnity; and (v5) during such 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether such use prejudices the rights of another Holder or not such action or forbearances are unduly prejudicial to such Holders or obtain obtains a preference or priority over another Holder).

Limitations on Suits. Subject to Section 5.07, a Holder of Securities may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (i) such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee reasonable indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject Except to Section 5.07enforce the right to receive payment of principal of, or interest on, a Note when due or to receive the consideration due upon conversion of a Note in accordance with Article 4, a Holder of Securities may not pursue a any remedy with respect to this Indenture (including the Guarantees) or the Securities only ifNotes unless: (ia) such Holder gives to has previously given the Trustee written notice of a continuing that an Event of DefaultDefault is continuing; (iib) the Holders of at least 25% in aggregate principal amount of the Securities Notes then outstanding make a written request to have requested the Trustee to pursue the such remedy; (iiic) such Holder or Holders furnish have offered, and if requested, provided to the Trustee security or indemnity and security reasonably satisfactory to the Trustee against any loss, liability or expense; (ivd) the Trustee does has not comply complied with the such request within 60 days after the receipt of the such request and the furnishing offer of such security or indemnity; and (ve) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Notes then outstanding do have not give given the Trustee a direction that, in the opinion of the Trustee, is inconsistent with the requestsuch request within such 60 day period. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another other Holder).

Limitations on Suits. Subject to Section 5.07, a Holder of Securities may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only if: (i) such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee indemnity and security reasonably satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject In case an Event of Default occurs and is continuing under this Indenture, the Trustee will be under no obligation to Section 5.07, a Holder exercise any of Securities may pursue a remedy with respect to the rights or powers under this Indenture (including at the Guarantees) request or the Securities only if: (i) direction of any Holders unless such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish have offered, and, if requested, provided to the Trustee indemnity and and/or security satisfactory to the Trustee against any loss, liability or expense;. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Holder of a Note may pursue any remedy with respect to this Indenture unless: (iv1) such Holder has previously given the Trustee notice that an Event of Default is continuing; (2) Holders of at least 30% in aggregate principal amount of the Notes that are then outstanding have requested the Trustee to pursue the remedy; (3) such Holders have offered, and, if requested, provided, to the Trustee security and/or indemnity satisfactory to it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the furnishing offer of such indemnity; security or indemnity; and (v5) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Notes that are then outstanding do have not give given the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to request within such Holders or obtain a preference or priority over another Holder)60-day period.

Limitations on Suits. Subject to Section 5.07, a A Holder of Securities may not pursue a any remedy with respect to this Indenture (including the Guarantees) or the Securities only if(except actions for payment of overdue Accreted Principal Amount of, or interest on, or for the conversion of the Securities pursuant to Article 4) unless: (ia) such the Holder gives to the Trustee written notice of a continuing Event of Default; (iib) the Holders of at least 25% in aggregate principal amount Accreted Principal Amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (iiic) such the Holder or Holders furnish offer, and if requested, provide to the Trustee indemnity and security reasonably satisfactory to the Trustee against any loss, liability or expense;; and (ivd) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the furnishing offer of such indemnity; and (v) , and does not receive, during such 60-day period the those 60 days, from Holders of a majority in aggregate principal amount Accreted Principal Amount of the Securities then outstanding do not give the Trustee outstanding, a direction that is inconsistent with the request. A Holder Securityholder may not use this Indenture to prejudice the rights of another Holder Securityholder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another Holder)other Securityholder.

Limitations on Suits. Subject to Section 5.07, a (a) A Holder of Securities may not pursue a any remedy with respect to this Indenture (including the Guarantees) or the Securities only if(except actions for payment of overdue principal, premium, if any, or interest, including Contingent Interest, or for the conversion of the Securities pursuant to Article 4) unless: (i1) such the Holder gives to the Trustee written notice of a continuing Event of Default; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee reasonable security or indemnity and security satisfactory to the Trustee against any losscost, liability expenses or expenseliabilities of taking action; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such security or indemnity; and (v5) 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 do not give the Trustee outstanding. (b) No Holder of a direction inconsistent with the request. A Holder may not use Security shall have any right under any provision of this Indenture or the Securities to affect, disturb, or prejudice the rights of another Holder of a Security or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain of a preference or priority over another Holder)Security.

Limitations on Suits. Subject to Section 5.07, a Holder of Securities may pursue a remedy with respect to this Indenture (including the Guarantees, if any) or the Securities only if: (i) such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the applicable series of Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offering of such indemnity; and; (v) during such 60-day period the Holders of a majority in aggregate principal amount of the applicable series of Securities then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject to Section 5.07, a Holder of Securities may pursue a remedy with respect to this Indenture (including the Guarantees, if any) or the Securities only if: (i) such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the applicable series of Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and; (v) during such 60-day period the Holders of a majority in aggregate principal amount of the applicable series of Securities then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject to Section 5.078.01, a if an Event of Default occurs and is continuing, the Trustee will be under no obligation to exercise any of the rights or powers under this Indenture at the request or direction of any of the Holders unless such Holders have offered to the Trustee indemnity satisfactory to it against all losses and expenses. Except to enforce the right to receive payment of principal or interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of Securities may pursue a any remedy with respect to this Indenture (including the Guarantees) or the Securities only ifunless: (ia) such Holder gives to has previously given the Trustee written notice of a continuing that an Event of DefaultDefault with respect to the Securities is continuing; (iib) the Holders of at least 25% in aggregate principal amount of the outstanding Securities then outstanding make have made a written request to the Trustee to pursue the remedy; (iiic) such Holder or Holders furnish to have offered the Trustee indemnity and security reasonably satisfactory to the Trustee it against any loss, liability or expenseall loss and expenses; (ivd) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request and the furnishing offer of such indemnity; and (ve) during such 60-day period the Holders of a majority in aggregate principal amount of the outstanding Securities then outstanding do have not give given the Trustee a direction that is inconsistent with the requestsuch request within such 60-day period. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another other Holder).

Limitations on Suits. Subject In case an Event of Default occurs and is continuing under this Indenture, the Trustee will be under no obligation to Section 5.07, a Holder exercise any of Securities may pursue a remedy with respect to the rights or powers under this Indenture (including at the Guarantees) request or the Securities only if: (i) direction of any Holders unless such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish have offered, and, if requested, provided to the Trustee indemnity and and/or security satisfactory to the Trustee against any loss, liability or expense;. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Holder of a Note may pursue any remedy with respect to this Indenture unless: (iv1) such Holder has previously given the Trustee notice that an Event of Default is continuing; (2) Holders of at least 30% in aggregate principal amount of the Notes that are then outstanding have requested the Trustee to pursue the remedy; (3) such Holders have offered, and, if requested, provided, to the Trustee security and/or indemnity satisfactory to it against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 sixty (60) days after the receipt of the request thereof and the furnishing offer of such indemnity; security or indemnity; and (v5) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Notes that are then outstanding do have not give given the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder such request within such sixty (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another Holder)60)-day period.

Limitations on Suits. Subject to Section 5.07, a A Holder of Securities may not pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities only ifunless: (i1) such the Holder gives to the Subordinated Debenture Trustee written notice of a continuing Event of Default; (ii2) the Holders of at least 2551% in aggregate principal amount of the Securities then outstanding Securities make a written request to the Subordinated Debenture Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Subordinated Debenture Trustee indemnity and security satisfactory to the Subordinated Debenture Trustee against any loss, liability or expenseexpense (including, without limitation, fees and expenses of counsel); (iv4) the Subordinated Debenture Trustee does not comply with the request within 60 30 days after receipt of the request and the furnishing offer of such indemnity; and (v5) during such 6030-day period the Holders of a majority at least 51% in aggregate principal amount of the Securities then outstanding Securities do not give the Subordinated Debenture Trustee a direction which is inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another Holder).

Limitations on Suits. Subject to Section 5.077.07, a Holder of Securities a Security may not pursue a any remedy with respect to this Second Supplemental Indenture (including the Guarantees) or the Securities only ifunless: (ia) such the Holder gives to the Trustee written notice of a continuing Event of Default; (iib) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities make a written request to the Trustee to pursue the remedy; (iiic) such Holder or Holders furnish offer to the Trustee security or indemnity and security reasonably satisfactory to the Trustee against any loss, liability or expense; (ivd) the Trustee does not comply with the request within 60 days after receipt of the notice, request and the furnishing offer of such security or indemnity; and (ve) no direction inconsistent with such written request has been given to the Trustee during such 60-day period by the Holders of a majority two-thirds in aggregate principal amount of the Securities then outstanding do not give the Trustee a direction inconsistent with the requestoutstanding. A Holder may not use this Second Supplemental Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another such other Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action actions or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject to Section 5.07, a Holder of Securities of either series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of that series only if: (i) such Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to that series; (ii) the Holders of at least 25% in aggregate principal amount of the Securities of such series then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee indemnity and security reasonably satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities of such series then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another HolderHolders).

Limitations on Suits. Subject In case an Event of Default occurs and is continuing under this Indenture, the Trustee will be under no obligation to Section 5.07, a Holder exercise any of Securities may pursue a remedy with respect to the rights or powers under this Indenture (including at the Guarantees) request or the Securities only if: (i) direction of any Holders unless such Holder gives to the Trustee written notice of a continuing Event of Default; (ii) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish have offered to the Trustee indemnity and and/or security reasonably satisfactory to the Trustee against any loss, liability or expense;. Except to enforce the right to receive payment of principal, premium (if any) or interest when due, no Holder of a Note may pursue any remedy with respect to this Indenture unless: (iv1) such Holder has previously given the Trustee notice that an Event of Default is continuing; (2) Holders of at least 30% in aggregate principal amount of the Notes that are then outstanding have requested the Trustee to pursue the remedy; (3) such Holders have offered the Trustee reasonable security and/or indemnity against any loss, liability or expense; (4) the Trustee does has not comply complied with the such request within 60 days after the receipt of the request thereof and the furnishing offer of such indemnity; andsecurity or indemnity; (v5) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities Notes that are then outstanding do have not give given the Trustee a direction inconsistent with the request. A Holder may such request within such 60-day period; and (6) such Holders are not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not prohibited from taking such action or forbearances are unduly prejudicial pursuant to such Holders or obtain a preference or priority over another Holder)the terms of the Collateral Trust Agreement.

Limitations on Suits. Subject to Section 5.07, a Holder of Securities of either series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of that series only if: (i) such Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to that series; (ii) the Holders of at least 25% in aggregate principal amount of the Securities of such series then outstanding make a written request to the Trustee to pursue the remedy; (iii) such Holder or Holders furnish to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing of such indemnity; and (v) during such 60-day period the Holders of a majority in aggregate principal amount of the Securities of such series then outstanding do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such action or forbearances are unduly prejudicial to such Holders or obtain a preference or priority over another Holder).

Limitations on Suits. Subject to Section 5.076.07 hereof, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series or the related Guarantees, if any, only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to such series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such security or indemnity; and (v5) during such 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether such use prejudices the rights of another Holder or not such action or forbearances are unduly prejudicial to such Holders or obtain obtains a preference or priority over another Holder).. 103548781.7

Limitations on Suits. Subject to Section 5.076.07, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of that series only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to that series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of that series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and and/or security satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such indemnityindemnity and/or security; and (v5) during such that 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such action or forbearances are unduly prejudicial to such use by a Holder prejudices the rights of any other Holders or obtain a obtains priority or preference or priority over another Holdersuch other Holders).

Limitations on Suits. Subject to Section 5.076.07 hereof, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of such series or the related Guarantees, if any, only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to such series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of such series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and security satisfactory to the Trustee against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such indemnity; and (v5) during such 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of such series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such action use by Holder prejudices the rights of any other Holder or forbearances are unduly prejudicial to such Holders or obtain a obtains preference or priority over another such other Holder).

Limitations on Suits. Subject to Section 5.076.07, a Holder of Securities a Security of any series may pursue a remedy with respect to this Indenture (including the Guarantees) or the Securities of that series only if: (i1) such the Holder gives to the Trustee written notice of a continuing Event of DefaultDefault with respect to that series; (ii2) the Holders of at least 25% in aggregate principal amount of the Securities then outstanding Securities of that series make a written request to the Trustee to pursue the remedy; (iii3) such Holder or Holders furnish offer to the Trustee indemnity and and/or security reasonably satisfactory to the Trustee in its sole discretion against any loss, liability or expense; (iv4) the Trustee does not comply with the request within 60 days after receipt of the request and the furnishing offer of such indemnityindemnity and/or security; and (v5) during such that 60-day period period, the Holders of a majority in aggregate principal amount of the Securities then outstanding of that series do not give the Trustee a direction inconsistent with the request. A Holder may not use this Indenture to prejudice the rights of another Holder or to obtain a preference or priority over another Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not any such action or forbearances are unduly prejudicial to such use by a Holder prejudices the rights of any other Holders or obtain a obtains priority or preference or priority over another Holdersuch other Holders).