Common use of Noteholder Action Clause in Contracts

Noteholder Action. The Noteholders relinquish any and all rights with respect to the Notes and this Indenture other than (x) subject to the immediately following sentence, the right to receive payments to be made thereunder and hereunder, and (y) holding meetings for the purposes, and taking actions, expressly permitted by Section 10.01 of this Indenture; any other actions to be taken or omitted to be taken under this Indenture or the Notes by or on behalf of the Noteholders are granted exclusively to the Trustee, and such grant shall not be amended, modified, supplemented or cancelled at any time. In furtherance of the foregoing, each Noteholder agrees it shall not take or institute any actions, proceedings, judicial or otherwise, for any right or remedy against the Company or any other obligor under this Indenture, or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to the Notes, except as expressly allowed herein and in the Agreement.

Appears in 3 contracts

Samples: Indenture (IMH Financial Corp), Indenture (IMH Financial Corp), Indenture (IMH Financial Corp)

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Noteholder Action. The Noteholders relinquish any and all rights with respect to the Notes and this Indenture other than (x) subject to the immediately following sentence, the right to receive payments to be made thereunder and hereunder, and (y) holding meetings for the purposes, and taking actions, expressly permitted by Section 10.01 of this Indenture; any other actions to be taken or omitted to be taken under this Indenture or the Notes by or on behalf of the Noteholders are granted exclusively to the Trustee, and such grant shall not be amended, modified, supplemented or cancelled at any time. In furtherance of the foregoing, each Noteholder agrees it shall not take or institute any actions, proceedings, judicial or otherwise, for any right or remedy against the Company or any other obligor under this Indenture, or institute any actions or proceedings, or otherwise commence any remedial procedures, with respect to the Notes, except as expressly allowed herein and in the Agreement.

Appears in 2 contracts

Samples: IMH Financial Corp, IMH Financial Corp

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