Common use of Proceedings by Noteholder Clause in Contracts

Proceedings by Noteholder. Subject to the further provisions of this Section 6.04, no holder of any Note shall have any right by virtue of or by reference to any provision of this Indenture 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. Notwithstanding any other provision of this Indenture, the right of any holder of any Note to receive payment of the principal of and accrued interest on such Note, on or after the respective due dates expressed in such Note, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such holder. Notwithstanding any other provision of this Indenture, the right of any holder of any Note to institute suit for the enforcement of the right to convert the Note as provided herein, shall not be impaired or affected without the consent of the holder. No one or more Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights of any other Holders, or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal and ratable benefit of all the Holders.

Proceedings by Noteholder. Subject to the further provisions of this Section 6.04, no No holder of any Note shall have any right by virtue of or by reference to availing of any provision of this Indenture 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 such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof, as hereinbefore provided, and unless also the holders of not less than 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 Notwithstanding any other provision of this IndentureIndenture and any provision of any Note, the right of any holder of any Note to receive payment of the principal of of, premium, if any, and accrued interest on such Note, on or after the respective due dates expressed in such Note, or to institute suit for the enforcement of any such payment on or after such respective dates, dates against the Company shall not be impaired or affected without the consent of such holderholder except as otherwise set forth herein. Notwithstanding any other provision of Anything in this IndentureIndenture or the Notes to the contrary notwithstanding, the right of any holder of any Note to institute suit for the enforcement of the right to convert the Note as provided hereinNote, shall not be impaired or affected without the consent of either the holder. No one Trustee or more Holders shall have any right in any manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb or prejudice the rights holder of any other HoldersNote, or to obtain or to seek to obtain priority or preference over any other Holders or to enforce any right under this Indenture, except in the manner herein provided his own behalf and for the equal his own benefit, may enforce, and ratable benefit may institute and maintain any proceeding suitable to enforce, his rights of all the Holdersconversion as provided herein.