Limitation of Suits. No Holder of any Note shall have any right to institute any Proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless:
Limitation of Suits. 27 Section 5.07. Unconditional Rights of Noteholders to Receive Principal and Interest..........................27 Section 5.08. Restoration of Rights and Remedies.............................................................28 Section 5.09.
Limitation of Suits. No Holder of any Note shall have any right to institute any Proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless and subject to the provisions of Section 10.17 hereof:
Limitation of Suits. No Holder of any Note shall have any right to institute any Proceeding, judicial or otherwise, with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, except pursuant to the dispute resolution procedures described in Section 11.02 of the Sale and Servicing Agreement, unless such Holder has previously given written notice to the Indenture Trustee of a continuing Event of Default, and:
Limitation of Suits. 35 SECTION 5.07. Unconditional Rights of Noteholders To Receive Principal and Interest......................................36 SECTION 5.08. Restoration of Rights and Remedies..........................36 SECTION 5.09. Rights and Remedies Cumulative..............................36 SECTION 5.10. Delay or Omission Not a Waiver..............................36 SECTION 5.11. Control by Noteholders......................................36 SECTION 5.12. Waiver of Past Defaults.....................................37 SECTION 5.13. Undertaking for Costs.......................................37 SECTION 5.14. Waiver of Stay or Extension Laws............................37 SECTION 5.15. Action on Notes.............................................38 SECTION 5.16. Performance and Enforcement of Certain Obligations..........38 ARTICLE VI The Indenture Trustee
Limitation of Suits. 40 Section 5.08. Unconditional Rights of Noteholders to Receive Principal and Interest... 40 Section 5.09. Restoration of Rights and Remedies...................................... 41 Section 5.10. Rights and Remedies Cumulative.......................................... 41 Section 5.11. Delay or Omission Not a Waiver.......................................... 41 Section 5.12. Control by Noteholders.................................................. 41 Section 5.13. Waiver of Past Defaults................................................. 42 Section 5.14. Undertaking for Costs................................................... 42 Section 5.15. Waiver of Stay or Extension Laws........................................ 42 (ii)
Limitation of Suits. Other than the pursuing of dispute resolution on behalf of the Issuer in respect of any repurchase request that remains unresolved for 180 days, no Holder of any Note shall have any right to institute any Proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless: (i) such Xxxxxx has previously given written notice to the Indenture Trustee of a continuing Event of Default; (ii) the Holders of Notes representing not less than 25% of the Outstanding Amount have made written request to the Indenture Trustee to institute such Proceeding in respect of such Event of Default in its own name as Indenture Trustee hereunder; (iii) such Holder or Holders have offered to the Indenture Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in complying with such request; (iv) the Indenture Trustee for 60 days after its receipt of such notice, request and offer of indemnity has failed to institute such Proceedings; and (v) no direction inconsistent with such written request has been given to the Indenture Trustee during such 60-day period by the Majority Noteholders. It is understood and intended that no one or more Holders of Notes 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 of Notes 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. In the event the Indenture Trustee shall receive conflicting or inconsistent requests and indemnity from two or more groups of Holders of Notes, each representing less than 51% of the Outstanding Amount, the Indenture Trustee will take action in accordance with the request given by the Holders of Notes holding the greatest percentage of the Outstanding Amount.
Limitation of Suits. No Owner shall have any right to institute any proceeding, judicial or otherwise, with respect to this Agreement, or for the appointment of a receiver or trustee of the Trust, or for any other remedy with respect to an event of default hereunder, unless:
Limitation of Suits. 85 Section 6.08. Unconditional Rights of Owners to Receive Distributions. 85 Section 6.09.
Limitation of Suits. No Noteholder may institute any Proceeding with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy under this Indenture, unless the Credit Enhancer has consented and subject to Section 11.16:
