Common use of Proceedings by Holders Clause in Contracts

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price), premium or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanics, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 9 contracts

Samples: Convertible Note Subscription Agreement (L&F Acquisition Corp.), Subscription Agreement (GigCapital4, Inc.), Indenture (UpHealth, Inc.)

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Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, the Repurchase Price or Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 7 contracts

Samples: Indenture (Bilibili Inc.), Indenture (Bilibili Inc.), Indenture (Baozun Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 7 contracts

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc), Indenture (Meritor Inc)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or and/or delivery of the consideration due upon conversion and/or the conversion mechanicsexchange of any Note, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 7 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Galaxy Digital Holdings Ltd.), Indenture (Galaxy Digital Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 5 contracts

Samples: Indenture (iQIYI, Inc.), Indenture (iQIYI, Inc.), Indenture (iQIYI, Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the contractual right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 4 contracts

Samples: Indenture (Plug Power Inc), Indenture (Esperion Therapeutics, Inc.), Indenture (Plug Power Inc)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, interim receiver, manager, monitor, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 4 contracts

Samples: First Supplemental Indenture (Invacare Corp), First Supplemental Indenture (Invacare Corp), Invacare Corp

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price or the Redemption Price)) or Special Interest, premium or interest if any, when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 4 contracts

Samples: Indenture (Cloudflare, Inc.), Indenture (Bill.com Holdings, Inc.), Indenture (Cloudflare, Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price), premium or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion exchange and/or the conversion exchange mechanics, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 4 contracts

Samples: Backstop Agreement (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.), Backstop Agreement (Cerberus Telecom Acquisition Corp.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or and, if applicable, delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 3 contracts

Samples: Indenture (MKS Instruments Inc), Indenture (Western Digital Corp), Indenture (Veeco Instruments Inc)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Tax Event Repurchase Price), premium the Change of Control Repurchase Price or the Listing Failure Event Repurchase Price) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsexchange, no Holder of any Note Bond 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 3 contracts

Samples: Indenture (Transocean Inc), Transocean Ltd., Transocean Inc

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price), premium Specified Repurchase Date Price, Change of Control Repurchase Price and redemption price) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 3 contracts

Samples: Security Agreement (Bloom Energy Corp), Supplemental Indenture (Bloom Energy Corp), Supplemental Indenture (Bloom Energy Corp)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal Accreted Principal Amount (including, if applicable, the Fundamental Change Repurchase Price), premium or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanics, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 2 contracts

Samples: Subscription Agreement (BOA Acquisition Corp.), Selina Hospitality PLC

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price or the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture or a Note to institute any suit, action or proceeding proceeding, judicial or otherwise, in equity or at law upon or under or with respect to this Indenturethe Indenture or a Note, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 2 contracts

Samples: Supplemental Indenture (Rocket Pharmaceuticals, Inc.), First Supplemental Indenture (Inotek Pharmaceuticals Corp)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, any Additional Amounts, or the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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 IndentureIndenture or the Notes, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunderwith respect to this Indenture or the Notes, unless:

Appears in 2 contracts

Samples: Purchase Agreement (Quotient LTD), Quotient LTD

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price or the Redemption Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, provisional liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Cazoo Group LTD)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery (and delivery, if applicable) of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Burlington Stores, Inc.

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal Reduced Principal Amount (including, if applicable, the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or and/or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes to institute any suit, action or proceeding in equity or at law upon or under or with respect to this IndentureIndenture or the Notes, or for the appointment of a receiver, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Whiting Petroleum Corp)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsexchange, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Trip.com Group LTD)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, the Repurchase Price or the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: First Supplemental Indenture (iQIYI, Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Tax Redemption Price, the Repurchase Price or Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (GDS Holdings LTD)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Repurchase Price, the Fundamental Change Repurchase Price or the Redemption Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Microchip Technology Incorporated (Microchip Technology Inc)

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Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, the Unwind Redemption Price and Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: First Supplemental Indenture (INFINERA Corp)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to institute suit for the enforcement of its right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Ligand Pharmaceuticals Incorporated And (Ligand Pharmaceuticals Inc)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicson any Notes, no Holder of any Note shall have any right by virtue of or by availing of any provision of this Indenture or the Notes 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Execution Version (Jetblue Airways Corp)

Proceedings by Holders. (a) Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price), premium or the Redemption Price (if applicable), interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: SAExploration Holdings, Inc.

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsexchange in accordance with Article 14, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (LivaNova PLC)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, the Purchase Price and the Fundamental Change Repurchase Purchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Conceptus Inc)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, the Repurchase Price or Fundamental Change Repurchase Price), premium ) or interest Special Interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (MakeMyTrip LTD)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price and Redemption Price), premium interest or interest Make-Whole Premium when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: XPO Logistics, Inc.

Proceedings by Holders. Except Subject to the last sentence of Section 8.03, except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Purchase Price), premium ) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Take Two Interactive Software Inc)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Prepayment Price), premium ) or interest when due, or (y) the right to receive payment or and/or delivery of the consideration due upon conversion and/or the conversion mechanicsexchange of any Note, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (NICE Ltd.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price), premium ) or interest any Special Interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: Indenture (Pinduoduo Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (including, if applicable, the Fundamental Change Repurchase Price), premium ) or interest when due, the right to receive the Redemption Price, if applicable, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note shall have any right by virtue of or by availing of any provision of this the Indenture 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: First Supplemental Indenture (Echo Global Logistics, Inc.)

Proceedings by Holders. Except to enforce (x) the right to receive payment of principal (includingincluding the Redemption Price, if applicable, the Repurchase Price and the Fundamental Change Repurchase Price), premium if applicable) or interest when due, or (y) the right to receive payment or delivery of the consideration due upon conversion and/or the conversion mechanicsconversion, no Holder of any Note 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, trustee, liquidator, custodian or other similar official, or for any other remedy hereunder, unless:

Appears in 1 contract

Samples: And (51job, Inc.)

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