�
<br /> x. ,.
<br />� � , a,,�a'
<br />� " �
<br /> � � �b- U059 �! 5
<br /> whatsoever to the Lessor , to any llondholder c� r [o aay oeher F;ersons for any delay
<br /> in applying any such moneys , so long a, Che :'rustec acts with reasonable di. ligence ,
<br /> having due regard in tlte circumatances , and ultimately applies the same in
<br /> � accordance with such provisions of . this ffortgage as may be applicable at the
<br /> time of application by the 'frustee . lJlienever the Trustee shall exercise such
<br /> � discretion in applying such moneys , it shall fix the dal'e (which shall Ue an
<br /> � interest payment date unless the Trustee shall deem another date more suitable )
<br /> ' i upon which such application is to be made and upon such daCe inCerest on the
<br /> amounts of principal to be paid on such date shall cease to accrue . The Tr. ustee
<br /> 't shall give such notice as it may deem appropriate of the fixing of any such date ,
<br /> and shall not be required to make payment to the holder of any unpaid coupon or
<br /> any Bond until such coupon or such Bond and all unmatured coupons , if any ,
<br /> appertaining to such Bond shall be surrendered to the Trustee for appropriate
<br /> � y endorsement , or for cancellation if fully paid .
<br /> Section 805 . In case any proceeding taken by the Trustee on account
<br /> ti
<br /> of nny default shall have been disr_ontinued or abandoned for any reason , then
<br /> � and in every such case the Lessor , the Trustee and the Bondholders shall be restored
<br /> � to their former positions and rights hereunder , respectively , and all rights ,
<br /> ti remedies , powers and duties of the Trustee shall continue as though no proceeding � :
<br /> ,� had been taken .
<br /> Section 80G . Anything in this Mortgage to the contrary notwith-
<br /> ;: standing , the holders of a majority in principal amount of the IIonds then outstanding
<br /> hereunder shall have the right , subject to the provisions of Section 902 of this
<br /> � Mortgage , by an instrument or concurrent instruments in writing executed and
<br /> �s delivered to the Trustee , to direct the method and place of conducting all remedial
<br /> proceedings to Ue taken by the Trustee hereunder , provided that such direction
<br /> T shall not be otherwise than in accordance with laca and the provisions of this
<br /> Mortgage .
<br /> � < Section 507 . No holder of any of the Bonds shall have any right to
<br /> � institute any suit , action or proceeding in equity or at law on any Bond or
<br /> `' for the execution of any trust hereunder or for any other remedy hereunder �
<br /> s ,'� unless such holder previously shall have given to the Trustee written notice � ''
<br /> of the event of default on account of which such suit , action or proceeding is
<br /> ' � t� be instituted , and unless also the holders of not less than twenty per cent ' � •
<br /> <' (20% ) in aggregate principel amount of the IIonds then outstanding siiall have
<br /> made written request of the Trustee after the right to exeicise such pourers
<br /> ' or right of action , as the case may be , shall have accrued , and shall have ` ' ' " "' � � , � � '
<br /> " afforded the Trustee a reasonahle opportunity either to proceed to exercise the .
<br /> F powers hereinabove granted or Co institute such action , suit or proceeding
<br /> ;; in its or their name , and unless , also , there shall have been offered [ o the
<br /> Trustee reasonable security and indemnity against the costs , espenses and liabilities
<br /> s to be incurred therein or thereby , and the 1Yustee shall have refused or neglected
<br /> to comply with such request within a reasonable Cime ; and such notification ,
<br /> ;; request and offer of indemnity are hereby declared in every such case , at the
<br /> option of the Trustee , �o be conditions precedent to the execution of the powers
<br /> and Crusts of this *fortgage or to any other remedy hereunder ; provided , hocaever ,
<br /> that notcaithstanding the foregoing provisions of this Section and without complying
<br /> therewith , the holders of not less than thirty per cent ( 30% ) in aggregate principal
<br /> amount of the Bonds chen outstanding may institute any suit , action or proceeding
<br /> in their oc,�n names for the benefit of all holders of Bonds hereunder . It is
<br /> understood and intended that , except as otherwise above provided , no one or
<br /> more holders of the Bonds hereby secured shall have any right in any manner
<br /> whatever by his or their action to afiect , disturb or prejudice the security
<br /> of this Piortgage , or to enforce any right hereunder except in the manner herein
<br /> ; provided , that all proceedings at law or in equity shall be instituted , had and
<br /> maintained in the manner herein provided and for the beneFit of all holders of
<br /> such outstanding Bonds and coupons , and that any individual rights oE action
<br /> or other right given to one or more of such holders by law are restricted by
<br /> this Mortgage to the rights and remedies herein provided .
<br /> ; :
<br /> vili-4 .�,il � ,;.
<br /> �'
<br /> .
<br /> L. ' � i�>
<br />� - �
<br />�
<br /> G
<br />�.
<br />;;}
<br />_t �✓ 1
<br /> ` �
<br />
|