Common use of Unconditional Right of Securityholders to Institute Certain Suits Clause in Contracts

Unconditional Right of Securityholders to Institute Certain Suits. Notwithstanding any other provision of this Indenture and any provision of any Security, the right of any Holder of any Security to receive payment of the principal of and any premium and interest on such Security (subject to Section 3.01), if any, on or after the respective due dates expressed in such Security, or to institute suit for the enforcement of any such payment, if any, on or after such respective dates, shall not be impaired or affected without the consent of such Holder. Notwithstanding the foregoing, by subscribing for, purchasing or otherwise acquiring the Securities, the Holders or beneficial owners of Securities agree to the limitations, suspension and waiver of rights resulting from cancellation of interest payment, subordination, or any event triggering any Going Concern Write-Down or Write-Down and Cancellation. For the avoidance of doubt, nothing in this Section shall be construed to impair the effectiveness of the Going Concern Write-Down, Write-Down and Cancellation, interest payment cancellation or subordination provisions set forth in this Indenture, the Securities or any applicable supplemental indenture hereto.

Unconditional Right of Securityholders to Institute Certain Suits. Notwithstanding any other provision of this Subordinated Indenture and any provision of any Security, the right of any Holder of any Security to receive payment of the principal of and any premium and interest on such Security (subject to Section 3.01), if any, on or after the respective due dates expressed in such Security, or to institute suit for the enforcement of any such payment, if any, on or after such respective dates, shall not be impaired or affected without the consent of such Holder. Notwithstanding the foregoing, by subscribing for, purchasing or otherwise acquiring the Securities, the Holders or beneficial owners of Securities agree to the limitations, suspension and waiver of rights resulting from cancellation of interest payment, subordination, or any event triggering any Going Concern Write-Down or Write-Down and CancellationDown. For the avoidance of doubt, nothing in this Section shall be construed to impair the effectiveness of the Going Concern Write-Down, Writesubordination or non-Down and Cancellation, interest payment cancellation or subordination viability loss absorption provisions set forth in this Subordinated Indenture, the Securities or any applicable supplemental indenture hereto.

Unconditional Right of Securityholders to Institute Certain Suits. Notwithstanding any other provision of in this Indenture and any provision of any Security, the right of any Holder of any Security to receive payment of the principal of and any premium and interest on such Security (subject to Section 3.013.01 hereof), if any, on or after the respective due dates expressed in such Security, or to institute suit for the enforcement of any such payment, if any, on or after such respective dates, shall not be impaired or affected without the consent of such Holder. Notwithstanding the foregoing, by subscribing for, purchasing or otherwise acquiring the Securities, the Holders or beneficial owners of Securities agree to the limitations, suspension and waiver of rights resulting from cancellation of interest payment, subordination, or any event triggering any Going Concern Write-Down or Write-Down and Cancellation. For the avoidance of doubt, nothing in this Section 4.07 shall be construed to impair the effectiveness of the Going Concern Write-Down, Write-Down and Cancellation, interest payment cancellation or subordination provisions set forth in this Indenture, the Securities or any applicable supplemental indenture hereto.

Unconditional Right of Securityholders to Institute Certain Suits. Notwithstanding any other provision of in this Perpetual Subordinated Indenture and any provision of any Security, the right of any Holder of any Security to receive payment of the principal of and any premium and interest on such Security (subject to Section 3.01), if any, 3.01 hereof) on or after the any respective due dates expressed in such Security, or to institute suit for the enforcement of any such payment, if any, payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder. Notwithstanding the foregoing, by subscribing for, purchasing or otherwise acquiring the Securities, the Holders or beneficial owners of Securities agree to the limitations, suspension and waiver of rights resulting from cancellation of interest payment, subordination, or any triggered by an event triggering any Going Concern Write-Down or Down, Write-Down and Cancellation, cancellation of interest payment and subordination. For the avoidance of doubt, nothing in this Section 4.07 shall be construed to impair the effectiveness of the Going Concern Write-DownDown provisions, the Write-Down and CancellationCancellation provisions, the cancellation of interest payment cancellation provisions or the subordination provisions set forth in this Perpetual Subordinated Indenture, the Securities or any applicable supplemental indenture hereto.