Common use of Limitation on Suits Clause in Contracts

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture or any Security to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture Indenture, any Security or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity reasonably satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this IndentureIndenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.03) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , and (iv) the Trustee Trustee, for 90 60 calendar days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on, the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do shall not give have given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as and security reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such written notice, request and offer of indemnityindemnity and security reasonably satisfactory to it, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such seriesseries (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders). For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any a Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.3) and interest on such SecuritySecurity (whether upon redemption, repurchase, maturity or otherwise) or payment or delivery of any amounts due upon conversion of Securities of any series that are convertible into shares of common stock or other securities, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemptionredemption or repurchase, on the redemption date or repurchase date, respectively), or to institute suit for the enforcement of any such payment or delivery on or after such respective dates (including the redemption date or redemption repurchase date, as applicable) shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder hereunder, it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.4, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 ninety (90) days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 ninety (90) day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% or more in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 unless: (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series Holder 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 (i) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series Junior Subordinated Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder Holder or holders Holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders Holders of a majority in principal amount of the Securities of that series Junior Subordinated Debentures do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureIndenture to the contrary, the right of any holder of any Security Holder to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, the Junior Subordinated Debentures on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder Holder; and by accepting a Security Junior Subordinated Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Holder thereof with every other such taker and holder Holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or seek to obtain priority over or preference to any such other such holderHolders, 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 Holders of Securities of such seriesJunior Subordinated 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.

Limitation on Suits. No holder of any Security of any series Holder 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 (ia) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series Junior Subordinated Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder Holder or holders Holders 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 (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders Holders of a majority in principal amount of the Securities of that series Junior Subordinated Debentures do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureIndenture to the contrary, the right of any holder of any Security Holder to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, the Junior Subordinated Debentures on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder Holder; and by accepting a Security Junior Subordinated Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Holder thereof with every other such taker and holder Holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or seek to obtain priority over or preference to any such other such holderHolders, 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 Holders of Securities of such seriesJunior Subordinated 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.

Limitation on Suits. No holder Noteholder, solely by virtue of any Security of any series its status as Noteholder, shall have any right by virtue 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 hereunderIndenture, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default shall have occurred and is continuing and the Holders of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of Notes evidencing not less than 25% in aggregate principal amount of the Securities of such series then Outstanding Note Balance of each Class of Notes shall have made written request upon the Indenture Trustee to institute such action, suit or proceeding in its own name as Indenture Trustee hereunder; (iii) such holder or holders hereunder and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costscost, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Indenture Trustee, for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturesuch written request has been given such Indenture Trustee during such 60-day period by such Noteholders; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder of every Security of such series each Noteholder with every other such taker and holder Noteholder and the Indenture Trustee, that no one or more holders of Securities of such series Noteholders shall have any right in any manner whatsoever whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders Holders of any other of such SecuritiesNotes, or to obtain or seek to obtain priority over or preference to any other such holderHolder, 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 Securities of such seriesNoteholders. For the protection and enforcement of the provisions of this SectionSection 6.07, each and every Securityholder Noteholder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as and security reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such written notice, request and offer of indemnityindemnity and security reasonably satisfactory to it, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such seriesseries (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders). For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder If an Event of Default occurs and is continuing with respect to any series of Securities, the Trustee, in conformity with its duties under this Indenture, shall exercise all rights or powers under this Indenture at the request or direction of any Security of the Holders of such Securities, provided, that such Holders provide the Trustee with an indemnity or security reasonably satisfactory to the Trustee against any series shall have loss, liability or expense. Except to enforce the right to receive payment of principal, premium, if any, or interest when due, no Holder of Securities of such Series may pursue any right by virtue 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 remedy with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunder, such Securities unless (i) such holder Holder previously shall have given to notified the Trustee written notice of that an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedis continuing; (ii) the holders Holders of not less than at least 25% in aggregate principal amount of the Outstanding Securities of such series then Outstanding shall have made written request upon requested the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunderpursue the remedy; (iii) the requesting Holders of Securities of such holder Series offered the Trustee security or holders shall have offered indemnity reasonably satisfactory to the Trustee such reasonable indemnity as it may require against the costsany loss, expenses and liabilities to be incurred therein liability or therebyexpense; (iv) the Trustee for 90 has not complied with such Holder’s request within 60 days after its the receipt of such notice, the request and the offer of security or indemnity, shall have failed to institute any such action, suit or proceeding ; and (v) during such 90 day period, the holders Holders of a majority in principal amount of the Outstanding Securities of that such series do have not give given the Trustee a direction inconsistent with the requestrequest within the 60-day period. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by Holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder Holder of every Security of such series with every other such taker and holder Holder and the Trustee, that no one or more holders Holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders Holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holderHolder, 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 Holders of Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder As provided in and subject to the provisions of any Security of any series shall have any right by virtue or by availing of any provision the Indenture, the Holder of this Indenture Security shall not have the right to institute any suit, action or proceeding in equity or at law upon or under or with respect to this the Indenture or for the appointment of a receiver or trustee, trustee or for any other remedy hereunderthereunder, unless (i) such holder previously Holder shall have previously given to the Trustee written notice of an a continuing Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Defaultthis series, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such this series then at the time Outstanding shall have made a written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding in its own name Event of Default as Trustee hereunder; (iii) and offered the Trustee indemnity and/or security, and the Trustee shall not have received from the Holders of a majority in principal amount of Securities of this series at the time Outstanding a direction inconsistent with such holder or holders request, and shall have offered failed to the Trustee institute any such reasonable indemnity as it may require against the costsproceeding, expenses and liabilities to be incurred therein or thereby; for sixty (iv60) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, indemnity and/or security. The foregoing shall have failed not apply to institute any such action, suit or proceeding and (v) during such 90 day period, instituted by the holders Holder of a majority in this Security for the enforcement of any payment of principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary hereof or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and premium or interest on such Security, as therein provided, hereon on or after the respective due dates expressed in such Security (or in herein. No reference herein to the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder Indenture and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb Security or prejudice the rights of the holders Indenture shall alter or impair the obligation of the Companies, which is absolute and unconditional, to pay the principal of and any other of such Securitiespremium and interest on this Security at the times, or to obtain or seek to obtain priority over or preference to any other such holderplace and rate, or to enforce any right under this Indenture, except and in the manner coin or currency, herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. 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 equityprescribed.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders there shall have been offered to the Trustee such reasonable pre-funding, security and/or indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , and (iv) the Trustee Trustee, for 90 60 calendar days after its receipt of such noticenotification, request and offer of pre-funding, security and/or indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, have not received from the holders Holders of a majority in aggregate principal amount of the Securities of that such series do not give the Trustee then Outstanding a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of pre-funding, security and/or indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on, the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any a Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; , (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; , (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.3) and interest on such SecuritySecurity (whether upon redemption, repurchase, maturity or otherwise) or payment or delivery of any amounts due upon conversion of Securities of any series that are convertible into shares of common stock or other securities, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemptionredemption or repurchase, on the redemption date or repurchase date, respectively), or to institute suit for the enforcement of any such payment or delivery on or after such respective dates (including the redemption date or redemption repurchase date, as applicable) shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder hereunder, it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.4, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 trusteetrustee or other similar official, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity reasonably satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this IndentureIndenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series then Outstanding do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein Subject to the contrary or limitation expressed in the preceding paragraph, but notwithstanding any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 2530% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding, and (v) during such 90 60-day period, period the holders of a majority in principal amount of the Outstanding Securities of that such series do shall not give have given the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture or any Security to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture Indenture, or any Security or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding in equity or at law or in bankruptcy or otherwise upon or under or with respect to this Indenture or for the appointment of a receiver or receiver, trustee, liquidator, custodian or other similar official or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% a majority in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Holder of any Security of any series Note shall have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture Indenture, the Notes, the Subsidiary Guarantees or for the appointment of a receiver or trustee, or for any other remedy hereunder, hereunder unless (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of specified in Section 9.01(a), Section 9.01(b) or Section 9.01(c) occurs which directly affects such series specifying such Event of Default, as hereinbefore provided; Holder or (iib) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding Requisite Holders shall have made written request upon to the Trustee or the Collateral Trustee to institute such action, suit or a proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have Collateral Trustee hereunder and offered to the Trustee such reasonable or Collateral Trustee, as applicable, security or indemnity as satisfactory to it may require against the costsany loss, expenses liability or expense and liabilities to be incurred therein or thereby; (iv) the Trustee or the Collateral Trustee, as applicable, for 90 seven (7) days after its receipt of such notice, request and offer of indemnity, shall have security or indemnity has failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the requestproceeding. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in In the case of redemption(a) in the immediately preceding sentence, on the redemption date)Holders shall be entitled to, or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, but shall not be impaired obligated to pursue, any right or affected without remedy that would otherwise be available to the consent Trustee or the Collateral Trustee under this Indenture. In the case of such holder and by accepting a Security hereunder it is expressly understood(b) in the immediately preceding sentence, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and Requisite Holders shall be entitled to, but shall not be obligated to pursue, any right or remedy that would otherwise be available to the TrusteeTrustee or the Collateral Trustee under this Indenture. Notwithstanding the forgoing, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever whatever by virtue of, or by availing of itself of, any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or to enforce any right under this Indenture, except in the manner herein provided and for the equal, equal and ratable and common benefit of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and Holders (it being understood that neither the Trustee shall be entitled nor the Collateral Trustee has an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such relief as can be given either at law or in equityHolders).

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder previously shall have given to the Trustee written notice of an Event the happening of one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of by any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more of the holders of Securities of such series shall have any right in any manner whatsoever by virtue his or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security the Securities of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default with respect to such series of Securities and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity and/or security as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnityindemnity and/or security, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Outstanding Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesSecurities (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such Securityholders), 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 the Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% at least a majority in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series (or at a meeting of holders of such series at which a quorum is present, the holders of a majority in principal amount of the Securities of such series represented at such meeting) do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as reasonably satisfactory to it may require against the costs, losses, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such seriesseries (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders). 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.

Limitation on Suits. No holder Holder of any Security of any series Notes shall have any right right, by virtue or by availing of any provision of this Indenture or the Notes, to institute any suit, action or proceeding at law or in equity or at law upon in bankruptcy or under or otherwise with respect to this Indenture or the Notes, or for the appointment of a receiver or trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless unless: (i) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding Notes shall have made written request upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder; (iii) such holder or holders Holders shall have offered to the Trustee such reasonable security or indemnity reasonably satisfactory to it as it may require require, against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, security or indemnity shall have failed to institute any such action, suit action or proceeding proceeding; and (v) no direction inconsistent with such written request shall have been given to the Trustee during such 90 60-day period, the holders period by Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureNotes then outstanding; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder every Holder of every Security of such series a Note with every other such taker and holder Holder of a Note and the Trustee, that no one or more holders Holders of Securities of such series Notes shall have any right in any manner whatsoever whatever, by virtue or by availing of any provision of this Indenture Indenture, to affect, disturb or prejudice the rights of the holders of any other such Holder of such SecuritiesNotes, or to obtain or seek to obtain priority over or preference to any other such holder, 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 Securities of such series. For the protection and enforcement Holders 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 equityNotes.

Limitation on Suits. No holder Noteholder, solely by virtue of any Security of any series its status as Noteholder, shall have any right by virtue 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 hereunderIndenture, unless (i) such holder previously shall have given to the Trustee written notice Holders of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of Notes evidencing not less than 2550% in aggregate principal amount of the Securities Outstanding Note Balance of such series Notes of the Notes then Outstanding shall have made written request upon the Indenture Trustee to institute such action, suit or proceeding in its own name as Indenture Trustee hereunder; (iii) such holder or holders hereunder and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costscost, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Indenture Trustee, for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with such written request has been given such Indenture Trustee during such 60-day period by the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureAdministrative Agent; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder of every Security of such series each Noteholder with every other such taker and holder Noteholder and the Indenture Trustee, that no one or more holders of Securities of such series Noteholders shall have any right in any manner whatsoever whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders Holders of any other of such SecuritiesNotes, or to obtain or seek to obtain priority over or preference to any other such holderHolder, 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 Securities of such seriesNoteholders. For the protection and enforcement of the provisions of this SectionSection 6.7, each and every Securityholder Noteholder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any a Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; , (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; , (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.3) and interest on such SecuritySecurity (whether upon redemption, repurchase, maturity or otherwise), as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemptionredemption or repurchase, on the redemption date or repurchase date, respectively), or to institute suit for the enforcement of any such payment or delivery on or after such respective dates (including the redemption date or redemption repurchase date, as applicable) shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder hereunder, it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.4, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunderunder this Indenture or any Security, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder has previously shall have given to the Trustee written notice of that an Event of Default and is continuing, (ii) Holders of at least 25% in principal amount of the continuance thereof with respect to the Outstanding Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actionpursue the remedy, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall Holders have offered to the Trustee such reasonable security or indemnity as satisfactory to it may require against the costsany loss, expenses and liabilities to be incurred therein cost, liability or thereby; expense, (iv) the Trustee for 90 has not complied with such request within 60 days after its the receipt of such notice, the request and the offer of indemnity, shall have failed to institute any such action, suit security or proceeding indemnity and (v) during such 90 day period, the holders Holders of a majority in principal amount of the Outstanding Securities of that such series do have not give given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (such request within such 60-day period; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.. SECTION 6.05

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing himself or herself 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing himself or herself of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder Noteholder, solely by virtue of any Security of any series its status as Noteholder, shall have any right by virtue or by availing of any provision of this Indenture and Servicing Agreement 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 hereunderand Servicing Agreement, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default shall have occurred and is continuing and the Holders of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of Notes evidencing not less than 25% in aggregate principal amount of the Securities of such series then Outstanding Note Balance shall have made written request upon the Indenture Trustee to institute such action, suit or proceeding in its own name as Indenture Trustee hereunder; (iii) such holder or holders hereunder and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costscost, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Indenture Trustee, for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturesuch written request has been given such Indenture Trustee during such 60-day period by such Noteholders; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder of every Security of such series each Noteholder with every other such taker and holder Noteholder and the Indenture Trustee, that no one or more holders of Securities of such series Noteholders shall have any right in any manner whatsoever whatever by virtue or by availing of any provision of this Indenture and Servicing Agreement to affect, disturb or prejudice the rights of the holders Holders of any other of such SecuritiesNotes, or to obtain or seek to obtain priority over or preference to any other such holderHolder, or to enforce any right under this IndentureIndenture and Servicing Agreement, except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such seriesNoteholders. For the protection and enforcement of the provisions of this SectionSection 6.07, each and every Securityholder Noteholder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Issuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Noteholder, solely by virtue of any Security of any series its status as Noteholder, shall have any right by virtue 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 hereunderIndenture, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default shall have occurred and is continuing and the Holders of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of Notes evidencing not less than 25% in aggregate principal amount of the Securities of such series then Outstanding Note Balance shall have made written request upon the Indenture Trustee to institute such action, suit or proceeding in its own name as Indenture Trustee hereunder; (iii) such holder or holders hereunder and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costscost, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Indenture Trustee, for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a no direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturesuch written request has been given such Indenture Trustee during such 60-day period by such Noteholders; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder of every Security of such series each Noteholder with every other such taker and holder Noteholder and the Indenture Trustee, that no one or more holders of Securities of such series Noteholders shall have any right in any manner whatsoever whatever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders Holders of any other of such SecuritiesNotes, or to obtain or seek to obtain priority over or preference to any other such holderHolder, 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 Securities of such seriesNoteholders. For the protection and enforcement of the provisions of this SectionSection 6.07, each and every Securityholder Noteholder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iiic) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (ivd) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (ve) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% a majority in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% a majority in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security or indemnity as it may require reasonably satisfactory to the Trustee against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of security or indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of security or indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Issuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.03) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.. SECTION 6.05

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% or more in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing their action to enforce any right hereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of any provision all Holders of this Indenture to the Outstanding Securities of such series and shall not affect, disturb or prejudice the rights of the holders of any other of Holder (the Trustees shall have no affirmative duty to ascertain whether or not such Securitiesactions or forbearances are unduly prejudiced to such Holders); provided, however, that nothing in this Indenture 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 Securities of such series. For series or the protection and enforcement related Guarantees, if any, shall affect or impair the obligation of the provisions Issuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series Series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series Series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series Series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such seriesSeries. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision Subject to the provisions of this Indenture relating to the duties of the Trustee, in case an Event of Default occurs and is continuing, the Trustee will be under no obligation to exercise any of the rights or powers under this Indenture at the request or direction of any Holders of Notes unless such Holders have made a written request and offered to the Trustee indemnity and/or security satisfactory to the Trustee against any loss, liability or expense. Except (subject to Article 9) to enforce the right to receive payment of principal, premium, if any, or interest or Additional Amounts when due, no Holder of any of the Notes has any right to institute any suit, action or proceeding in equity or at law upon or under or proceedings with respect to this Indenture or for the appointment of a receiver or trustee, or for any other remedy hereunderthereunder, unless (i) such holder previously shall have given to the Trustee written notice Holders of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall outstanding Notes have made a written request upon to, and offered indemnity and/or security satisfactory to, the Trustee to institute such actionproceeding as trustee under the Notes and this Indenture, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee has failed to institute such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 proceeding within 30 days after its receipt of such notice, notice and indemnity or security and the Trustee within such 30-day period has not received directions inconsistent with such written request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders by Holders of a majority in aggregate principal amount of the Securities outstanding Notes. Such limitations do not, however, apply to a suit instituted by a Holder of that series do not give a Note for the Trustee a direction inconsistent with enforcement of the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and of, premium, if any) , and Additional Amounts or interest on such Security, as therein provided, Note on or after the respective due dates expressed in such Security (or in the case Note. A Holder of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall a Note may not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of use this Indenture to affect, disturb or prejudice the rights of the holders another Holder of any other of such Securities, a Note or to obtain a preference 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 another Holder of all holders of Securities of such series. For the protection and enforcement of the provisions of this Section, each and every Securityholder and a Note (it being understood that the Trustee shall be entitled does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such relief as can be given either at law or in equityHolders).

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of and any premium and (and premium, if anysubject to Section 2.03) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 2530% or more in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding; and such notification, request and offer of indemnity are hereby declared in every such case to be conditions precedent to any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security Securityholder of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suit, action or proceeding at law or in equity or at law in bankruptcy or otherwise upon or under or with respect to this Indenture Indenture, or for the appointment of a receiver receiver, trustee in bankruptcy or trustee, similar official or for any other remedy hereunder, unless (ia) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders Securityholders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iiic) such holder Securityholder or holders Securityholders 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; (ivd) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 90-day period, the holders Securityholders of not less than a majority in aggregate principal amount of the Securities of that series at the time Outstanding do not give the Trustee a direction pursuant to Section 6.6 inconsistent with the such written request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security Securityholder to receive payment of the principal of (and premium, if any) and interest interest, if any, on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder Securityholder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders Securityholders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holderSecurityholder, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security Securities of any series then Outstanding 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 of the Securities or for the appointment of a receiver or trusteetrustee or similar official, or for any other remedy hereunderhereunder or thereunder, unless unless: (i1) such holder previously shall have given the Holder gives written notice to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such a continuing Event of Default, as hereinbefore provided; (ii2) the holders Holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon to the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii3) such holder Holder or holders shall have offered Holders offer and, if requested, provide to the Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv4) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding; and (v5) during such 90 60-day period, period the holders Holders of a majority in aggregate principal amount of the Securities of that such series then Outstanding do not give the Trustee a direction which is inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder Holder of every Security of such series with every other such taker and holder Holder and the Trustee, that no one or more holders Holders of Securities of such series shall have any right in any manner whatsoever whatever by virtue of or by availing of any provision of this Indenture or of the Securities to affect, disturb or prejudice the rights of the holders of any other Holder of such SecuritiesSecurities of such series, or to obtain or seek to obtain priority over or preference as to any other such holderHolder, or to enforce any right under this IndentureIndenture or the Securities, except in the manner herein provided and for the equal, ratable and common benefit of all holders Holders of Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do shall not give have given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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. Rights and Remedies Cumulative; Delay or Omission Not Waiver. Except as otherwise provided in Section 2.07, all powers and remedies given by this Article to the Trustee or to the Securityholders shall, to the extent permitted by law, be deemed cumulative and not exclusive of any other powers and remedies available to the Trustee or the holders of the Securities, by judicial proceedings or otherwise, to enforce the performance or observance of the covenants and agreements contained in this Indenture or otherwise established with respect to such Securities. No delay or omission of the Trustee or of any holder of any of the Securities to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power, or shall be construed to be a waiver of any such default or on acquiescence therein; and, subject to the provisions of Section 6.04, every power and remedy given by this Article or by law to the Trustee or the Securityholders may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Securityholders.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name or as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable security and indemnity as it may require against the costs, expenses and liabilities to be incurred therein or therebythereby reasonably satisfactory to the Trustee; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 2550% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series Debenture shall have any right by virtue 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 trusteeTrustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Debentures specifying such Event of Default, as hereinbefore provided; (ii) , and unless also the holders of not less than 25% in aggregate principal amount of the Securities of such series Debentures then Outstanding outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) , and the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; it being understood and (v) during intended, and being expressly covenanted by the taker and holder of every Debenture with every other such 90 day periodtaker and holder and Trustee, that no one or more holders of Debentures shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of a majority any other of such 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 principal amount the manner herein provided and for the equal, ratable and common benefit of all holders of Debentures. For the protection and enforcement of the Securities provisions of that series do not give this Section, each and every Debentureholder and the Trustee a direction inconsistent with the requestshall be entitled to such relief as can be given either at law or in equity. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, however, the right of any holder of any Security Debenture to receive payment of the principal of (and premium, if any) and interest on such SecurityDebenture, as therein provided, on or after the respective due dates expressed in such Security Debenture (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Debt Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Debt Securities of such series specifying such Event of Default, as hereinbefore herein provided; (ii) the holders of not less than 25% in aggregate principal amount of the Debt Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable reason- able indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; and (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Debt Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Debt Security to receive payment of the principal of (and premium, if any) and interest on such Debt Security, as therein provided, on or after the respective due dates expressed in such Debt Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Debt Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Debt Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Debt Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Debt Securities, 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 Debt Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series Notes shall have any right by virtue 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 (i) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series Notes specifying such Event of Default, as hereinbefore provided; (ii) , and unless also the holders Holders of not less than 2530% in aggregate principal amount of the Securities of such series Notes then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) , and the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) the Trustee shall not have received any direction inconsistent with such written notice during such 90 60-day period, period by the holders Holders of not less than a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureNotes then Outstanding; it being understood and intended, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder Holder of every Security of such series Note with every other such taker and holder Holder and the Trustee, that no one or more holders Holders of Securities of such series Notes shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders Holders of any other of such SecuritiesNotes, or to obtain or seek to obtain priority over or preference to any other such holderHolder, 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 Holders of Securities of such seriesNotes. For the protection and enforcement of the provisions of this SectionSection 5.04, each and every Securityholder Holder and the Trustee shall be entitled to such relief as can be given either at law or in equity. Notwithstanding any other provisions of this Indenture, however, the right of any Holder of any Notes to receive payment of the principal of (and premium, if any) and interest on the Notes, as therein provided, on or after the respective due dates expressed in Notes (or in the case of redemption, on the Redemption Date), or to institute suit for the enforcement of any such payment on or after such respective dates or Redemption Date, shall not be impaired or affected without the consent of such Holder.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding, and (v) during such 90 60-day period, period the holders of a majority in principal amount of the Outstanding Securities of that such series do shall not give have given the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Holder of any Security Notes of any a series shall have any right right, by virtue or by availing of any provision of this Indenture or the Notes of such series, to institute any suit, action or proceeding at law or in equity or at law upon in bankruptcy or under or otherwise with respect to this Indenture or the Notes of such series, or for the appointment of a receiver or trustee, receiver, liquidator, custodian or other similar official or for any other remedy hereunder, unless unless: (i) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities Notes of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit action or proceeding proceedings in its own name as Trustee hereunder; (iii) such holder or holders Holders shall have offered to the Trustee such reasonable security or indemnity reasonably satisfactory to it as it may require require, against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, security or indemnity shall have failed to institute any such action, suit action or proceeding proceeding; and (v) no direction inconsistent with such written request shall have been given to the Trustee during such 90 60-day period, the holders period by Holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent Notes of such holder series then outstanding; it being understood and by accepting a Security hereunder it is intended, and being expressly understood, intended and covenanted by the taker and holder every Holder of every Security a Note of such either series with every other Holder of a Note of such taker and holder series and the Trustee, that no one or more holders Holders of Securities Notes of such a series shall have any right in any manner whatsoever whatever, by virtue or by availing of any provision of this Indenture Indenture, to affect, disturb or prejudice the rights of the holders of any other such Holder of Notes of such Securitiesseries, or to obtain or seek to obtain priority over or preference to any other such holder, 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 Holders of Securities the Notes of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (ia) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iiic) such holder Holder or holders Holders 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; , (ivd) the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (ve) no direction inconsistent with such written request shall have been given to the Trustee during such 90 60 day period, period by the holders Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein then Outstanding; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 hereunderxxxxxx xxxxxxxxx, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders there shall have been offered to the Trustee such reasonable pre-funding, security and/or indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , and (iv) the Trustee Trustee, for 90 60 calendar days after its receipt of such noticenotification, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, have not received from the holders Holders of a majority in aggregate principal amount of the Securities of that such series do not give the Trustee then Outstanding a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on, the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. (1) . No holder of any Security of any series shall have any right by virtue 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 unless: (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as and security reasonably satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 60 days after its receipt of such written notice, request and offer of indemnityindemnity and security reasonably satisfactory to it, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or or, in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such seriesseries (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders). For the protection and enforcement of the provisions of this SectionSection 9.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture or any Security to institute any suit, action or proceeding in equity or at law upon or under or with respect to this Indenture or any Security or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity reasonably satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions provision of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this IndentureIndenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (ia) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iiic) such holder Holder or holders Holders shall have offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , (ivd) the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (ve) no direction inconsistent with such written request shall have been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein then Outstanding; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Issuers, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder Holder of any Security of any series Securities shall have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture or the Securities, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder Holder has previously shall have given written notice to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such a continuing Event of Default, as hereinbefore provided; (ii) the holders Holders of not less than 25% in aggregate principal amount of the Outstanding Securities of such series then Outstanding shall have made written request upon to the Trustee to institute proceedings in respect of such action, suit or proceeding Event of Default in its own name as Trustee trustee hereunder; (iii) such holder Holder or holders shall Holders have offered to the Trustee such reasonable security and indemnity as it may require satisfactory to the Trustee against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer (and if requested, provision) of indemnity, shall have indemnity has failed to institute any such action, suit or proceeding proceeding; and (v) no direction inconsistent with such written request has been given to the Trustee during such 90 60-day period, period by the holders Holders of a majority in aggregate principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (Outstanding Securities; it being understood and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Indenture Indenture, any Security or any Guarantee, if any, to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or to enforce any right under this Indenture, any Security or any Guarantee, except in the manner herein provided in this Indenture and for the equal, equal and ratable and common benefit of all holders of Securities of such series. 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 equityHolders.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series then Outstanding do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (of, and premium, if any) , and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. For the protection and enforcement of the provisions of this SectionSection 6.04, each and every Securityholder and the Trustee shall be entitled to such relief as can be given either at law or in equity.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (i) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (ii) and unless also the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders and unless also there shall have been offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding, and (v) during such 90 60-day period, period the holders Holders of a majority in principal amount of the Outstanding Securities of that such series do shall not give have given the Trustee a direction inconsistent with the such request. Notwithstanding anything contained herein ; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series Holder 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 (ia) such holder Holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore providedthereof; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series Subordinated Debentures then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder Holder or holders Holders 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 (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, indemnity shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders Holders of a majority in principal amount of the Securities of that series Subordinated Debentures do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this IndentureIndenture to the contrary, the right of any holder of any Security Holder to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, the Subordinated Debentures on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder Holder; and by accepting a Security Subordinated Debenture hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series Holder thereof with every other such taker and holder Holder and the Trustee, that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever by virtue of or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or seek to obtain priority over or preference to any such other such holderHolders, 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 Holders of Securities of such seriesSubordinated 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder Securityholder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder Securityholder or holders Securityholders shall have offered to the Trustee such reasonable indemnity as or security satisfactory to it may require against the costs, expenses and liabilities to that may be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this IndentureIndenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. 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.

Limitation on Suits. No holder of any Debt Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Debt Securities of such series specifying such Event of Default, as hereinbefore herein provided; (ii) the holders of not less than 25% in aggregate principal amount of the Debt Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Debt Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Debt Security to receive payment of the principal of (and premium, if any) and interest on such Debt Security, as therein provided, on or after the respective due dates expressed in such Debt Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Debt Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Debt Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Debt Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Debt Securities, 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 Debt Securities of such series. 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.

Limitation on Suits. ​ No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the ​ ​ ​ Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or therebyin compliance with such request; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. ​ Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.. ​

Limitation on Suits. No holder Holder of any Security of any series shall will have any right by virtue 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 hereunderthereunder, unless (i) such holder previously Holder shall have previously given to the Trustee written notice of an a continuing Event of Default thereunder and unless the Holders of at least 25% of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the outstanding Securities of such series then Outstanding under this Indenture shall have made written request upon request, and offered reasonable indemnity, to the Trustee to institute such actionproceeding as Trustee, suit or proceeding in its own name as and the Trustee hereunder; (iii) such holder or holders shall have offered to not received from the Trustee Holders of a majority in aggregate principal amount at maturity of outstanding Securities a direction inconsistent with such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such actionproceeding within 45 days. However, such limitations do not apply to a suit or proceeding and (v) during such 90 day period, the holders instituted by a holder of a majority in principal amount Security for enforcement of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and , or interest on such Security, as therein provided, Security on or after the respective due dates expressed in such Security (or Security. During the existence of an Event of Default under this Indenture, the Trustee is required to exercise such rights and powers vested in it under this Indenture and use the same degree of care and skill in its exercise thereof as a prudent Person would exercise under the circumstances in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent conduct of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by Person's own affairs. Subject to the taker and holder provisions of every Security this Indenture relating to the duties of such series with every other such taker and holder and the Trustee, in case an Event of Default shall occur and be continuing, the Trustee is not under any obligation to exercise any of its rights or powers under this Indenture at the request or direction of any of the Holders, unless such Holders shall have offered to such Trustee security or indemnity satisfactory to it. Subject to certain provisions of this Indenture concerning the rights of the Trustee, the Holders of a majority in aggregate principal amount of the applicable issue of outstanding Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee under this Indenture, or exercising any trust, or power conferred on the Trustee. It is understood and intended that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or to enforce any right under this IndentureIndenture or any Security, except in the manner herein provided in this Indenture and for the equal, equal and ratable and common benefit of all holders of Securities of such series. 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 equityHolders.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee hereunder; (iii) such holder or holders shall have offered to the Trustee such reasonable indemnity satisfactory to it as it may require against the costs, expenses expenses, claims and liabilities to be incurred therein or thereby; (iv) the Trustee for 90 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or to enforce any right under this IndentureIndenture (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such actions or forbearances are unduly prejudicial to such holders), except in the manner herein provided and for the equal, ratable and common benefit of all holders of Securities of such series. 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.

Limitation on Suits. No holder of any Security of any ------------------- series shall have any right by virtue 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 trusteetrustee or other similar official, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder holder, and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.by

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (i) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iii) such holder or holders 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 (iv) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 60 day period, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or contrary, any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective respec tive due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder of any Security of any series shall have any right by virtue 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 (ia) such holder previously shall have given to the Trustee written notice of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (iib) the holders of not less than 25% a majority in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon the Trustee to institute such action, suit or proceeding in its own name as Trustee trustee hereunder; (iiic) such holder or holders 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; (ivd) the Trustee for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed to institute any such action, suit or proceeding proceeding; and (ve) during such 90 60-day period, the holders of a majority in principal amount of the Securities of that series do shall not give have given the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenturecontrary, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by holder. By accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of Securities of such series shall have any right in any manner whatsoever by virtue or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, 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 Securities of such series. 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.

Limitation on Suits. No holder Holder of any Security of any series Securities shall have any right by virtue or by availing of any provision of this Indenture to institute any suitproceeding, action judicial or proceeding in equity or at law upon or under or otherwise, with respect to this Indenture Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless (i) such holder previously shall have given to the Trustee written notice Holders of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less than at least 25% in aggregate principal amount of the outstanding Securities of such series then Outstanding shall have made written request upon request, and offered reasonable indemnity, to the Trustee to institute such actionproceeding as Trustee, suit or 62 -55- such Trustee has failed to institute such proceeding in its own name as Trustee hereunder; (iii) such holder or holders 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; (iv) the Trustee for 90 within 60 days after its receipt of such notice, notice and such Trustee has not within such 60-day period received directions inconsistent with such written request and offer of indemnity, shall have failed to institute any such action, suit or proceeding and (v) during such 90 day period, the by holders of a majority in aggregate principal amount of the Securities issue of that series Securities. Such limitations do not give apply, however, to a suit instituted by a Holder of a Security for the Trustee a direction inconsistent with enforcement of the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and of, premium, if any) and , or accrued interest on on, such Security, as therein provided, Security on or after the respective due dates expressed in such Security (or Security. During the existence of an Event of Default under this Indenture, the Trustee is required to exercise such rights and powers vested in it under this Indenture and use the same degree of care and skill in its exercise thereof as a prudent Person would exercise under the circumstances in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent conduct of such holder and by accepting a Security hereunder it is expressly understood, intended and covenanted by Person's own affairs. Subject to the taker and holder provisions of every Security this Indenture relating to the duties of such series with every other such taker and holder and the Trustee, in case an Event of Default shall occur and be continuing, the Trustee is not under any obligation to exercise any of its rights or powers under this Indenture at the request or direction of any of the Holders, unless such Holders shall have offered to such Trustee security or indemnity satisfactory to it. Subject to certain provisions of this Indenture concerning the rights of the Trustee, the Holders of a majority in aggregate principal amount of the applicable issue of outstanding Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee under this Indenture, or exercising any trust, or power conferred on the Trustee. It is understood and intended that no one or more holders of Securities of such series Holders shall have any right in any manner whatsoever whatever by virtue of, or by availing of of, any provision of this Indenture or any Security to affect, disturb or prejudice the rights of the holders of any other of such SecuritiesHolders, or to obtain or to seek to obtain priority over or preference to over any other such holder, Holders or to enforce any right under this IndentureIndenture or any Security, except in the manner herein provided in this Indenture and for the equal, equal and ratable and common benefit of all holders of Securities of such series. 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 equityHolders.

Limitation on Suits. No holder Holder of any Security of any series shall have any right by virtue or by availing of any provision of this Indenture to institute any suitaction, action suit or proceeding at law or in equity or at law upon or under or with respect to this Indenture for the execution of any trust hereunder or for the appointment of a receiver or trustee, or for any other remedy hereunder, in each case with respect to an Event of Default with respect to such series of Securities, unless (ia) such holder Holder previously shall have given to the Trustee written notice of an Event one or more of the Events of Default and of the continuance thereof herein specified with respect to the Securities of such series specifying such Event of DefaultSecurities, as hereinbefore provided; (iib) the holders Holders of not less than 25% in aggregate principal amount of the Securities of such series then Outstanding shall have made written request upon requested the Trustee in writing to institute such actiontake action in respect of the matter complained of, suit or proceeding in its own name as Trustee hereunder; (iiic) such holder Holder or holders Holders shall have offered to the Trustee such reasonable security and indemnity as satisfactory to it may require against the costs, expenses and liabilities to be incurred therein or thereby; , (ivd) the Trustee Trustee, for 90 60 days after its receipt of such noticenotification, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding and (ve) no direction inconsistent with such written request shall have been given to the Trustee during such 90 60 day period, period by the holders Holders of a majority in principal amount of the Securities of that such series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein then Outstanding; and such notification, request and offer of indemnity are hereby declared in every such case to the contrary be conditions precedent to any such action, suit or proceeding by any other provisions of this Indenture, the right of any holder Holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder series; it being understood and by accepting a Security hereunder it is expressly understood, intended and covenanted by the taker and holder of every Security of such series with every other such taker and holder and the Trustee, that no one or more holders of the Holders of Securities of such series shall have any right in any manner whatsoever by virtue his, her, its or by availing of any provision of this Indenture to affect, disturb or prejudice the rights of the holders of any other of such Securities, or to obtain or seek to obtain priority over or preference to any other such holder, or their action to enforce any right under this Indenturehereunder, except in the manner herein provided, and that every action, suit or proceeding at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal, ratable and common equal benefit of all holders Holders of the Outstanding Securities of such series. For ; provided, however, that nothing in this Indenture or in the protection and enforcement Securities of such series shall affect or impair the obligation of the provisions Company, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on the Securities of this Sectionsuch series to the respective Holders of such Securities at the respective due dates in such Securities stated, each or affect or impair the right, which is also absolute and every Securityholder and unconditional, of such Holders to institute suit to enforce the Trustee shall be entitled to such relief as can be given either at law or in equitypayment thereof.

Limitation on Suits. No holder of any Security of any series Noteholder shall have any right by virtue or by availing of any provision provisions 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 hereunderIndenture, unless (i) such holder Noteholder previously shall have given notice to the Trustee written notice Indenture Trustee, and unless the Holders of an Event of Default and of the continuance thereof with respect to the Securities of such series specifying such Event of Default, as hereinbefore provided; (ii) the holders of not less Notes evidencing Undivided Interests aggregating more than 25% in aggregate principal amount of the Securities Invested Amount of any Series which may be adversely affected but for the institution of such series then Outstanding suit, action or proceeding shall have made written request upon the Indenture Trustee to institute such action, suit or proceeding in its own name as Indenture Trustee hereunder; (iii) such holder or holders hereunder and shall have offered to the Indenture Trustee such reasonable indemnity as it may require against the costs, expenses and liabilities to be incurred therein or thereby; (iv) , and the Trustee Indenture Trustee, for 90 60 days after its receipt of such notice, request and offer of indemnity, shall have failed neglected or refused to institute any such action, suit or proceeding proceeding; it being understood and (v) during such 90 day periodintended, the holders of a majority in principal amount of the Securities of that series do not give the Trustee a direction inconsistent with the request. Notwithstanding anything contained herein to the contrary or any other provisions of this Indenture, the right of any holder of any Security to receive payment of the principal of (and premium, if any) and interest on such Security, as therein provided, on or after the respective due dates expressed in such Security (or in the case of redemption, on the redemption date), or to institute suit for the enforcement of any such payment on or after such respective dates or redemption date, shall not be impaired or affected without the consent of such holder and by accepting a Security hereunder it is being expressly understood, intended and covenanted by the taker and holder of every Security of such series each Noteholder with every other such taker and holder Noteholder and the Indenture Trustee, that no one or more holders of Securities of such series Noteholders shall have any the right in any manner whatsoever by virtue or by availing itself or themselves of any provision provisions of this Indenture to affect, disturb or prejudice the rights of the holders Noteholders of any other of such Securitiesthe Notes, or to obtain or seek to obtain priority over or preference to any other such holderNoteholder, 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 Securities of such seriesNoteholders. For the protection and enforcement of the provisions of this SectionSection 5.7, each and every Securityholder Noteholder and the Indenture Trustee shall be entitled to such relief as can be given either at law or in equity. Each Note Owner by its acquisition of a Book Entry Note shall be deemed to have consented to the provisions of this Section 5.7.