Proceedings by Securityholders. No holder of any Debenture shall have any right to institute any suit, action or proceeding for any remedy hereunder, unless such holder previously shall have given to the Trustee written notice of an Event of Default with respect to the Debentures and unless the holders of not less than 25% in aggregate principal amount of the Debentures then outstanding shall have given the Trustee a written request to institute such action, suit or proceeding and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred thereby, and the Trustee for 60 days after its receipt of such notice, request and offer of indemnity shall have failed to institute any such action, suit or proceeding. Notwithstanding any other provisions in this Indenture, however, the right of any holder of any Debenture to receive payment of the principal of, premium, if any, and interest, on such Debenture when due, or to institute suit for the enforcement of any such payment, shall not be impaired or affected without the consent of such holder and by accepting a Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Debenture with every other such taker and holder and the Trustee, that no one or more holders of Debentures shall have any right in any manner whatsoever by virtue or by availing itself of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other Debentures, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this Indenture, except in the manner herein provided and for the equal, ratable and common benefit of all holders of Debentures. For the protection and enforcement of the provisions of this Section, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.
Proceedings by Securityholders. 27 Section 5.5. Proceedings by Trustee...............................................................27
Proceedings by Securityholders. 44 SECTION 4.7 Remedies Cumulative and Continuing........................44 SECTION 4.8 Control by Securityholders................................44 SECTION 4.9 Waiver of Past Defaults...................................45
Proceedings by Securityholders. 27 Section 5.5. Proceedings by Trustee...............................................................27 Section 5.6. Remedies Cumulative and Continuing; Delay or Omission Not a Waiver...................28 Section 5.7. Direction of Proceedings and Waiver of Defaults by Majority of Securityholders.......28 Section 5.8. Notice of Defaults...................................................................29 Section 5.9. Undertaking to Pay Costs.............................................................29
Proceedings by Securityholders. (a) No Holder of any Security shall have any right by virtue of or by 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 or trustee, or for any other remedy hereunder, unless such Holder previously shall have given to the Trustee written notice of an Event of Default with respect to such Security and of the continuance thereof, as hereinabove provided, and unless also Securityholders of a majority in aggregate principal amount of the Securities then outstanding affected by such Event of Default shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder and shall have offered to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee for 60 days after its receipt of such notice, request and offer of indemnity, shall have neglected or refused to institute any such action, suit or proceeding.
Proceedings by Securityholders. 21 SECTION 5.5 Proceedings by Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 5.6 Remedies Cumulative and Continuing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 5.7 Direction of Proceedings; Waiver of Defaults by Majority of Securityholders . . . . . . . . 22 SECTION 5.8
Proceedings by Securityholders. No holder of any Debt Security shall have any right to institute any suit, action or proceeding for any remedy hereunder, unless such holder previously shall have given to the Company written notice of an Event of Default with respect to the Debt Securities and unless the holders of a majority in aggregate principal amount of the Debt Securities then outstanding shall join in such action, suit or proceeding; provided, that no holder of Debt Securities shall have any right to prejudice the rights of any other holder of Debt Securities, obtain priority or preference over any other such holder or enforce any right under this Securityholders Agreement except in the manner herein provided and for the equal, ratable and common benefit of all holders of Debt Securities. Notwithstanding any other provisions in this Securityholders Agreement, but subject to the provisions of Section 5.5 of this Securityholders Agreement, the right of any holder of any Debt Security to receive payment of the principal of, premium, if any, and interest on such Debt Security when due, shall not be impaired or affected without the consent of such holder. For the protection and enforcement of the provisions of this Section and except to the extent expressly limited by this Section, each and every Securityholder shall be entitled to such relief as can be given either at law or in equity.
Proceedings by Securityholders. 19 SECTION 5.5
Proceedings by Securityholders. 36 SECTION 5.5 Proceedings by Trustee . . . . . . . . . . . . . . 36 SECTION 5.6 Remedies Cumulative and Continuing . . . . . . . . 36
Proceedings by Securityholders. 26 SECTION 5.05 Proceedings by Debenture Trustee.......................... 26 SECTION 5.06 Remedies Cumulative and Continuing........................ 27 SECTION 5.07 Direction of Proceedings and Waiver of Defaults by Majority of Securityholders.............................. 27 SECTION 5.08
