Common use of Proceedings by Holders Clause in Contracts

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price) or interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of the Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (a) such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as herein provided; (b) Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) such Holders shall have offered, and if requested, provided, the Trustee such security or indemnity reasonably satisfactory to it against any loss, claim, liability or expense to be incurred therein or thereby; (d) the Trustee for 60 days after its receipt of such notice, request and offer, or provision, of such security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Holders of a majority of the aggregate principal amount of the Notes then outstanding within such 60-day period pursuant to Section 6.09, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under the Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of the Indenture and any provision of any Note, each Holder shall have the right to receive payment or delivery, as the case may be, of (x) the principal (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price, if applicable) of, (y) accrued and unpaid interest, if any, on, and (z) the consideration due upon conversion of, such Note, on or after the respective due dates expressed or provided for in such Note or in the Indenture, or to institute suit for the enforcement of any such payment or delivery, as the case may be.

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price) or interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no No Holder of any Note Security of any series shall have any right by virtue of or by availing of any provision of the this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the Indenture, this Indenture or for the appointment of a receiver, receiver or trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (a) unless such Holder previously shall have given to the Trustee written notice of an Event of Default default and of the continuance thereof, as herein hereinbefore provided; (b) , and unless also the Holders of at least 25% not less than 25 percent in aggregate principal amount of the Notes Securities of that series then outstanding Outstanding, or, in the case of any Event of Default in respect of the Company described in clause (d), (e) or (f) of Section 5.01, 25 percent in aggregate principal amount of all Securities then Outstanding, or, in the case of any Event of Default in respect of a Guarantor described in clause (d), (e) or (f) of Section 5.01, 25 percent in aggregate principal amount of all Securities guaranteed hereunder by such Guarantor then Outstanding, shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) such Holders hereunder and shall have offered, and if requested, provided, offered to the Trustee such security or reasonable indemnity reasonably satisfactory to as it may require against any lossthe costs, claim, liability or expense expenses and liabilities to be incurred therein or thereby; (d) , and the Trustee for 60 days after its receipt of such notice, request and offer, or provision, offer of such security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Holders of a majority of the aggregate principal amount of the Notes then outstanding within such 60-day period pursuant to Section 6.09, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note Security with every other taker and Holder and the Trustee Trustee, that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the this Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under the this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityHolders. Notwithstanding any other provision of provisions in this Indenture, however, the Indenture and any provision right of any Note, each Holder shall have the right of any Security to receive payment or delivery, as the case may be, of (x) the principal (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date of and the Fundamental Change Repurchase Price, if applicable) of, (y) accrued and unpaid interestpremium, if any, on, and (z) the consideration due upon conversion of, interest on such NoteSecurity, on or after the respective due dates expressed or provided for in such Note or in the IndentureSecurity, or to institute suit for the enforcement of any such payment on or delivery, as after such respective dates shall not be impaired or affected without the case may bewritten consent of such Holder.

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price) or interest when due, or the right to receive payment or delivery of the consideration due upon conversionconversion or the right to receive payment on the Notes in respect of any Pass-Through Dividend or Gross-Up Dividend, as the case may be, no Holder of any Note shall have any right by virtue of or by availing of any provision of the this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (a) such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as herein provided; (b) Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) such Holders shall have offered, and if requested, provided, offered to the Trustee such security or indemnity reasonably satisfactory to it against any loss, claim, liability or expense to be incurred therein or thereby; (d) the Trustee for 60 days after its receipt of such notice, request and offer, or provision, offer of such security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Holders of a majority of the aggregate principal amount of the Notes then outstanding within such 60-day period pursuant to Section 6.09, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the this Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under the this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of the this Indenture and any provision of any Note, each Holder shall have the right to receive payment or delivery, as the case may be, of (xw) the principal (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price, if applicable) of, (yx) accrued and unpaid interest, if any, on, and (zy) the consideration due upon conversion of, and (z) cash payable on the Notes in respect of any Pass-Through Dividend or Gross-Up Dividend, as the case may be, for, such Note, on or after the respective due dates expressed or provided for in such Note or in the this Indenture, or to institute suit for the enforcement of any such payment or delivery, as the case may be.

Proceedings by Holders. Except Subject to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price) or interest when due, or the right to receive payment or delivery of the consideration due upon conversionimmediately following paragraph, no Holder of any Note shall have any right by virtue of or by availing of any provision of the this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (ai) such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as herein hereinbefore provided; (bii) the Holders of at least not less than 25% in of the aggregate principal amount of the Notes then outstanding shall have made written request upon to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (ciii) such Holders shall have offered, and if requested, provided, offered to the Trustee such security or and/or indemnity reasonably satisfactory to it against any loss, claim, liability or expense to be incurred therein or thereby; (div) the Trustee for 60 days after its receipt of such written notice, request and offer, or provision, offer of such security or and/or indemnity, shall have neglected or refused to institute any such action, suit or proceeding; and (ev) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Holders of a majority of the aggregate principal amount of the Notes then outstanding within such 60-day period pursuant to Section 6.097.09; provided that, (x) it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the this Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holders), or to obtain or seek to obtain priority over or preference to any other such Holder), or to enforce any right under the this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For ) and (y) for the protection and enforcement of this Section 6.067.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of the this Indenture and any provision of any Note, each Holder shall have the right of any Holder to receive payment or delivery, as the case may be, of (x) the principal of and premium, if any (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price, if applicable) ofthe 2016 Repurchase Price and the Redemption Price), (y) and accrued and unpaid interest, if anyincluding any accrued and unpaid Additional Interest, on, and (z) the consideration due upon conversion ofany Additional Amounts with respect to, such Note, on or after the respective due dates expressed or provided for in such Note or in the this Indenture, or to institute suit for the enforcement of any such payment on or deliveryafter such respective dates against the Company shall not be impaired or affected without the consent of such Holder. Anything in this Indenture or the Notes to the contrary notwithstanding, the Holder of any Note, without the consent of either the Trustee or the Holder of any other Note, on its own behalf and for its own benefit, may enforce, and may institute and maintain any proceeding suitable to enforce, its rights of conversion as the case may beprovided herein.

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Purchase Price) or interest when due, or the right to convert a Note or to receive payment or delivery of the consideration due upon conversionconversion or the right of a beneficial owner of a Note to exchange its beneficial interest in a Global Note for a Physical Note if an Event of Default has occurred and is continuing, no Holder of any Note shall have any right by virtue of or by availing of any provision of the this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (a) such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as herein provided; (b) Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) such Holders shall have offered, and if requested, provided, offered to the Trustee such security or indemnity reasonably satisfactory to it against any loss, claim, liability or expense to be incurred therein or thereby; (d) the Trustee for 60 days after its receipt of such notice, request and offer, or provision, offer of such security or indemnity, shall have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Holders of a majority of the aggregate principal amount of the Notes then outstanding within such 60-day period pursuant to Section 6.09, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the this Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under the this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of the this Indenture and any provision of any Note, each Holder shall have the right to receive payment or delivery, as the case may be, of (x) the principal (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Purchase Price, if applicable) of, (y) accrued and unpaid interest, if any, on, and (z) the consideration due upon conversion of, such Note, on or after the respective due dates expressed or provided for in such Note or in the this Indenture, or to institute suit for the enforcement of any such payment or delivery, as the case may be, and such right to receive such payment or delivery, as the case may be, on or after such respective dates against the Company shall not be impaired or affected without the consent of such Holder.

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price) or interest when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder No holder of any Note Notes shall have any right by virtue of or by availing of any provision of the this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the Indenture, or this Indenture for the appointment of a receiver, trustee, liquidator, custodian receiver or other trustee or similar official, or for any other remedy hereunder, unless: (a) unless such Holder previously shall have given to the Trustee written notice of an Event of Default default and of the continuance thereof, as herein hereinbefore provided; (b) , and unless the Holders of at least not less than 25% in aggregate principal amount of the Notes then outstanding shall have made written request upon to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) such Holders hereunder and shall have offered, and if requested, provided, offered such reasonable indemnity as the Trustee such security or indemnity reasonably satisfactory to it may require against any lossthe costs, claim, liability or expense expenses and liabilities to be incurred therein or thereby; (d) , and the Trustee for 60 days after its receipt of such notice, request and offer, or provision, offer of such security or indemnity, indemnity shall have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Holders of a majority of the aggregate principal amount of the Notes then outstanding within such 60-day period pursuant to Section 6.09, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee Trustee, that no one or more Holders of Notes shall have any right in any manner whatever by virtue of or by availing of any provision of this Indenture or of the Indenture Notes to affect, disturb or prejudice the rights of any other HolderHolder of Notes, or to obtain or seek to obtain priority over or preference as to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under this Indenture or the IndentureNotes, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equityNotes. Notwithstanding any other provision of provisions in this Indenture, however, the Indenture and any provision right of any Note, each Holder shall have the right of any Note to receive payment or delivery, as the case may be, of (x) the principal (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Price, if applicable) of, (y) accrued and unpaid interestpremium, if any, onand interest and Additional Interest, and (z) the consideration due upon conversion ofif any, on such Note, on or after the respective due dates expressed or provided for in such Note or in the Indenturematurity thereof, or to institute suit for the enforcement of any such payment on or delivery, as after such respective dates shall not be impaired or affected without the case may beconsent of such Holder.

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Purchase Price) or interest when due, or the right to convert its Note or to receive payment or delivery of the consideration due upon conversionconversion or the right of a beneficial owner to exchange its beneficial interest in a Global Note for a Physical Note pursuant to Section 2.06(c) if an Event of Default has occurred and is continuing, no Holder of any Note shall have any right by virtue of or by availing of any provision of the Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (a1) such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as herein provided; (b2) Holders of at least 25% in aggregate principal amount of the Notes then outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) hereunder and such Holders shall have offered, and if requested, provided, offered to the Trustee such indemnity, security or indemnity both, reasonably satisfactory to it against any loss, claim, liability or expense to be incurred therein or thereby;; and (d3) the Trustee for shall have failed to institute such proceeding within 60 days after its receipt of such notice, request and offer, or provision, of such security or indemnity, offer and shall not have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by received from the Holders of a majority of the in aggregate principal amount of the Notes then outstanding a direction inconsistent with such request within 60 days after such 60-day period pursuant to Section 6.09notice, request and offer, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under the Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of the Indenture and any provision of any Note, each Holder shall have the right of any Holder to receive payment or delivery, as the case may be, of (x) the principal (including the Redemption Price, the Specified Repurchase Date Repurchase Price on the Specified Repurchase Date and the Fundamental Change Repurchase Purchase Price, if applicable) of, (y) accrued and unpaid interest, if any, on, and (z) the consideration due upon conversion of, such Note, on or after the respective due dates expressed or provided for in such Note or in the Indenture, or to institute suit for the enforcement of any such payment or delivery, as the case may be, on or after such respective dates against the Company shall not be impaired or affected without the consent of such Holder.

Proceedings by Holders. Except Without limiting in any way Lynrock’s ability, acting individually (so long as the Designated Holders are the beneficial owners of at least $20,000,000 in aggregate principal amount of Notes), to accelerate the Notes as provided above after the occurrence and during the continuance of an Event of Default specified in Section 6.01(n), except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Specified Repurchase Date Fundamental Change Repurchase Price on the Specified Repurchase Date and the Fundamental Change Asset Sale Offer Repurchase Price) or any interest (including both the cash interest and PIK Interest portions thereof) and any applicable Notes Premium when due, or the right to receive payment or delivery of the consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of the this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to the this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless: (a) such Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as herein provided; (b) Holders of at least 25% in aggregate principal amount of the Notes then outstanding (or, in the case of an Event of Default specified in Section 6.01(n), so long as the Designated Holders are the beneficial owners of at least $20,000,000 in aggregate principal amount of Notes, Lynrock, acting individually, as the case may be) shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (c) such Holders shall have offered, and if requested, provided, offered to the Trustee such indemnity or security or indemnity reasonably satisfactory to it against any loss, claim, liability or expense to be incurred therein or thereby; (d) the Trustee for 60 35 days after its receipt of such notice, request and offer, or provision, offer of such security indemnity or indemnitysecurity, shall have neglected or refused to institute any such action, suit or proceeding; and (e) no direction that, in the opinion of the Trustee, is inconsistent with such written request shall have been given to the Trustee by the Required Holders (or, in the case of a majority an Event of Default specified in Section 6.01(n), so long as the Designated Holders are the beneficial owners of at least $20,000,000 in aggregate principal amount of Notes, Lynrock, acting individually, as the Notes then outstanding case may be) within such 6020-day period pursuant to Section 6.09, it being understood and intended, and being expressly covenanted by the taker and Holder of every Note with every other taker and Holder and the Trustee that no one or more Holders shall have any right in any manner whatever by virtue of or by availing of any provision of the this Indenture to affect, disturb or prejudice the rights of any other Holder, or to obtain or seek to obtain priority over or preference to any other such Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Holder), or to enforce any right under the this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all Holders (except as otherwise provided herein). For the protection and enforcement of this Section 6.06, each and every Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provision of the this Indenture and any provision of any Note, each Holder shall have the right of any Holder to receive payment or delivery, as the case may be, of (x) the principal (including the Redemption Price, the Specified Repurchase Date Fundamental Change Repurchase Price on the Specified Repurchase Date and the Fundamental Change Asset Sale Offer Repurchase Price, if applicable) of, (y) accrued and unpaid interest, if any, on, interest (including both the cash interest and PIK Interest portions thereof) and any applicable Notes Premium on and (z) the consideration due upon conversion of, such Note, on or after the respective due dates expressed or provided for in such Note or in the this Indenture, or and the right to institute suit for the enforcement of any such payment or delivery, as the case may be, on or after such respective dates against the Company shall not be impaired or affected without the consent of such Holder.