Rights and Remedies of Holders. No Holder of any Bond shall have any right to institute any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust hereof or for the appointment of a receiver or any other remedy hereunder, unless (a) the Holders of not less than 25% in principal amount of Bonds then Outstanding shall have made written request to the Trustee and shall have offered reasonable opportunity either to proceed to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name, (b) such Holders shall also have offered to the Trustee indemnity as provided in Article V hereof, and (c) the Trustee shall thereafter have failed or refused to exercise the powers hereinabove granted or to institute such action, suit or proceeding in its own name. Such notification, request and offer of indemnity shall in every case (excepting those specified in Section 501(l) hereof), at the option of the Trustee, be conditions precedent to the execution of the powers and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy hereunder; it being understood and intended that no one or more Holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of the Holders of all Bonds then Outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any Holder to enforce the payment of the principal of, premium, if any, and interest on any Bond at and after the maturity thereof at the time, place, from the source and in the manner in said Bond expressed.
Rights and Remedies of Holders. Section 6.01. Unconditional Right of Holders to Receive Contract Adjustment Payments and to Purchase Shares of Common Stock 91 Section 6.02. Restoration of Rights and Remedies 91 Section 6.03. Rights and Remedies Cumulative 91 Section 6.04. Delay or Omission Not Waiver 91 Section 6.05. Undertaking for Costs 91 Section 6.06. Waiver of Stay or Extension Laws 92 ARTICLE 7 THE PURCHASE CONTRACT AGENT Section 7.01. Certain Duties and Responsibilities 92 Section 7.02. Notice of Default 94 Section 7.03. Certain Rights of Purchase Contract Agent 94 Section 7.04. Not Responsible for Recitals or Issuance of Units 97 Section 7.05. May Hold Units 97 Section 7.06. Money Held in Custody 98 Section 7.07. Compensation and Reimbursement 98 Section 7.08. Corporate Purchase Contract Agent Required; Eligibility 100 Section 7.09. Resignation and Removal; Appointment of Successor 100 Section 7.10. Acceptance of Appointment by Successor 101 Section 7.11. Merger, Conversion, Consolidation or Succession to Business 102 Section 7.12. Preservation of Information; Communications to Holders 102 Section 7.13. No Obligations of Purchase Contract Agent 102 Section 7.14. Tax Compliance 102 Section 7.15. Acknowledgement of Appointment 103 ARTICLE 8 SUPPLEMENTAL AGREEMENTS Section 8.01. Supplemental Agreements Without Consent of Holders 103 Section 8.02. Supplemental Agreements with Consent of Holders 104 Section 8.03. Execution of Supplemental Agreements 105 Section 8.04. Effect of Supplemental Agreements 105 Section 8.05. Reference to Supplemental Agreements 106 ARTICLE 9 CONSOLIDATION, MERGER, SALE, CONVEYANCE, TRANSFER OR DISPOSITION
Rights and Remedies of Holders. A Holder shall not have any right to institute any suit, action or proceeding for the enforcement of this Indenture, for the execution of any trust hereof, or for the exercise of any other remedy hereunder, unless:
Rights and Remedies of Holders. 90 Section 6.01. Unconditional Right of Holders to Receive Contract Adjustment Payments and to Purchase Shares of Common Stock 90 Section 6.02. Restoration of Rights and Remedies 91 Section 6.03. Rights and Remedies Cumulative 91 Section 6.04. Delay or Omission Not Waiver 91 Section 6.05. Undertaking for Costs 91 Section 6.06. Waiver of Stay or Extension Laws 92
Rights and Remedies of Holders. Section 6.01 Unconditional Right of Holders to Receive Contract Adjustment Payments and to Purchase Shares of Common Stock 54 Section 6.02 Restoration of Rights and Remedies 55 Section 6.03 Rights and Remedies Cumulative 55 Section 6.04 Delay or Omission Not Waiver 55 Section 6.05 Undertaking for Costs 55 Section 6.06 Waiver of Stay or Extension Laws 55 Article VII The Purchase Contract Agent Section 7.01 Certain Duties and Responsibilities 56 Section 7.02 Notice of Default 57 Section 7.03 Certain Rights of Purchase Contract Agent 57 Section 7.04 Not Responsible for Recitals or Issuance of Equity Units 59 Section 7.05 May Hold Equity Xxxxx 00 Xxxxxxxx Xxxxxxxx Agreement ii
Rights and Remedies of Holders. (a) The various provisions set forth under this First A&R Certificate of Designation are for the benefit of the Holders and, subject to the terms and conditions hereof and applicable law, will be enforceable by them, including by one or more actions for specific performance.
Rights and Remedies of Holders. (a) The various provisions set forth under this Certificate of Designations and the Series A-1 Preferred Stock are for the benefit of the Holders. The Holder of any share of the Series A-1 Preferred Stock at the time outstanding may protect and enforce the rights of such Holder under the Series A-1 Preferred Stock and this Certificate of Designations by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in the Series A-1 Preferred Stock, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwise. Without limitation of the foregoing, the Holders would be damaged irreparably in the event any of the provisions of this Certificate of Designations are not performed in accordance with their specific terms or otherwise are breached. Accordingly, the Holders will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Certificate of Designations and to enforce specifically the terms and provisions of this Certificate of Designation, including by one or more actions for specific performance, in addition to any other remedy to which they may be entitled, at law or in equity. The Company waives any defense that a remedy at law is adequate and any requirement to prove special damages, post bond or provide similar security in connection with actions instituted for injunctive relief or specific performance of this Certificate of Designations.
Rights and Remedies of Holders. (a) The various provisions set forth herein are for the benefit of the Holders of the Series A Preferred Stock and shall be enforceable by them, including by one or more actions for specific performance. The Company acknowledges that the subject matter of this Certificate of Designations is unique and that the Holders would be damaged irreparably in the event that any of the provisions of this Certificate of Designations are not performed in accordance with their specific terms or otherwise are breached, and that remedies at law would not be adequate to compensate such other parties not in default or in breach. Accordingly, the Company agrees that the Holders shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Certificate of Designations and to enforce specifically the terms and provisions of this Certificate of Designations in addition to any other remedy to which they may be entitled, at law or in equity. The Company waives any defense that a remedy at law is adequate and any requirement to post bond or provide similar security in connection with actions instituted for injunctive relief or specific performance of this Certificate of Designations.
Rights and Remedies of Holders. No Holder of any Bond will have any right to institute any suit, action or proceeding for the enforcement of the Indenture or for the execution of any trust under the Indenture or any remedy under the Indenture, unless (i) an Event of Default has occurred and is continuing of which the Trustee has been notified or of which it is deemed to have notice, and (ii) the Holders of not less than 25% in aggregate principal amount of the Bonds then outstanding have made written request to the Trustee and have afforded the Trustee reasonable opportunity to proceed to exercise the powers provided in the Indenture or to institute such action, suit or proceeding and have offered to the Trustee indemnity as provided for in the Indenture, and (iii) the Trustee thereafter has failed or refused to exercise its powers under the Indenture or to institute such action, suit or proceeding in its own name; provided, however, no Holder may institute any suit, action or proceeding at law or in equity for the enforcement of the Indenture or the enforcement of any remedy thereunder unless an Event of Default described in (g) or (h) above has occurred and is continuing.
Rights and Remedies of Holders. Upon the occurrence of an event of default by Maker under this Note, then, in addition to all other rights and remedies at law or in equity, Holders may exercise any one or more of the following rights and remedies:
