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 and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 2 contracts

Samples: Indenture (Confluent, Inc.), Indenture (Unity Software Inc.)

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Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Tax Redemption Price, the Optional Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) when due, or the right to receive payment or and/or delivery of the consideration due upon conversionexchange of any Note, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 2 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Repurchase Price, the Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) when due, or the right to receive payment or delivery of the consideration due upon conversionexchange, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Extra Space Storage Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Purchase Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) when due, or the right to receive payment or delivery of the consideration due upon conversionexchange (including Mandatory Exchange), no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Avadel Pharmaceuticals PLC)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price, the Specified Repurchase Date Price and the Redemption Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes any Note to institute any suit, action or proceeding in equity or at law upon or under or with respect to this IndentureIndenture or any Note, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Global Eagle Entertainment Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal the Accreted Principal Amount (including, if applicable, the Redemption Price, the Special Mandatory Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Vertex Energy Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price, Optional Repurchase Price or Redemption Price) or any Special Interest or interest payable pursuant to Section 2.03(c) when due, or the right to receive payment or delivery of the consideration Conversion Settlement Consideration due upon conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunderunder this Indenture, unless:

Appears in 1 contract

Samples: Indenture (Renewable Energy Group, Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) and Additional Interest when due, or the right to receive payment or delivery of the consideration due upon on conversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon on or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Snap Inc)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Optional Repurchase Price and the Fundamental Change of Control Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Sunnova Energy International Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Optional Redemption Price, the Tax Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Immunocore Holdings PLC

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price, the Repurchase Price and the Redemption Price) or any Special Interest or interest payable pursuant to Section 2.03(c) when due, or the right to convert Notes and 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 this the Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: First Supplemental Indenture (Stillwater Mining Co /De/)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Repurchase Price and the or Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) Interest, if any, 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:: ​

Appears in 1 contract

Samples: Indenture (21Vianet Group, Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal the Accreted Principal Amount (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Scorpio Tankers Inc.)

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Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change of Control Repurchase Price) or any Special Interest ), premium, if any, or interest payable pursuant to Section 2.03(c) when due, or the right to receive payment or and/or delivery of the consideration due upon conversionexchange of any Note, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Avaya Holdings Corp.)

Proceedings by Holders. Except to enforce the right to receive payment of principal the Accreted Principal Amount (including, if applicable, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (PureCycle Technologies, Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Fundamental Change Repurchase Price and the Fundamental Change Repurchase Redemption Price) or any Special Interest , if applicable), premium or interest payable pursuant to Section 2.03(c(including any Redemption Make-Whole Amount) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunderwith respect to this Indenture or the Notes, unless:

Appears in 1 contract

Samples: Indenture (CompoSecure, Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal Accreted Principal Amount (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price, the Purchase Price and the Redemption Price) or any Special Interest or interest payable pursuant to Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: PROS Holdings, Inc.

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, including the Redemption Price and the Fundamental Change Repurchase Price) , if applicable), any Additional Amounts or any Special Interest or interest payable pursuant to Section 2.03(c) when due, or the right to receive payment or delivery of the consideration due upon conversionexchange, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Gamida Cell Ltd.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price, the Repurchase Price and the or Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section 2.03(c) Additional Interest, if any, 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (NIO Inc.)

Proceedings by Holders. Except to enforce the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price) or any Special Interest or interest payable pursuant to Section ‎Section 2.03(c) 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 this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Affirm Holdings, Inc.)

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