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I <br />~3- f C~.~b~:~. <br />Whenever moneys are to be applied pursuant to the provi- <br />sions~of this Section, such moneys shall be applied at such <br />times, and from-time to time, as Trustee shall determine, <br />having due regard to the amount of such moneys available for <br />application and the likelihood of additional moneys becoming <br />available far such application in the future. Whenever <br />Trustee shall apply such funds, it shall fix the date (which <br />shall be an interest payment date unless it shall deem <br />another date more suitable) upon which such application is to <br />be made and upon such date interest on the amounts of princi- <br />pal to be paid on such dates shall cease to accrue. Trustee <br />shall give such notice as it may deem appropriate of the <br />deposit with it of any such moneys and of the fixing of any <br />such date, and shall not be required to make payment to the <br />holder of any Bond until such Bond shall be presented to <br />Trustee for appropriate endorsement or for cancellation if <br />fully paid. <br />Whenever the principal of and premium, if any, and <br />interest on all Bonds has been paid under the provisions of <br />this Section and all expenses and charges of Trustee have <br />been paid, any balance remaining in the Bond E'und shall be <br />paid to Company as provided in Section 5.11 hereof. <br />Section 9.09. Remedies vested in Trustee. All rights <br />of action (including the right to file proof of claims) under <br />this Indenture or under any of the Bonds may be enforced by <br />Trustee without the possession of any of the Bonds or the <br />production thereof in-any trial or other proceeding relating <br />thereto, and any such suit or proceeding instituted by Trus- <br />tee shall be brought in its name as Trustee without the <br />necessity of joining as plaintiffs or defendants any holders <br />of the Bonds, and any recovery of judgment shall be for the <br />equal and ratable benefit of the holders of the Outstanding <br />Bonds. <br />Section 9.10. Rights and Remedies of BoncLholders. No <br />holder of any Bond shall have any right to institute any <br />suit, action or proceeding at law er in equity for the <br />enforcement of this Indenture or for the execution of any <br />trust hereof ar for the appointment of a receiver or any <br />other remedy hereunder, unless {i) a Default has occurred of <br />which Trustee has been notified as provided ir_ Section <br />10.01(h) hereof, or of which by said subsection it is deemed <br />to have notice, (ii) the holders of not less than twenty-five <br />percent (25y) in aggregate principal amount of Outstanding <br />Bonds shall have made written request to Trustee and shall <br />have offered it reasonable opportunity either to proceed to <br />exercise the powers hereinbefore granted or to institute such <br />action, suit or proceeding in their own name or names and <br />_3=_ <br /> <br />