83000621 - Laserfiche WebLink

Browse

I $3-- l~~~Ei~~. they have offered to Trustee indemnity as provided in Section 10-.O1(l}, and (iii} Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted, or to institute such action, suit or proceeding in its own name within a reasonable time. Such notification, request and offer of indemnity are hereby declared in every case at the option of Trustee to be conditions precedent to the execution of the powers- and trusts of this Indenture, and to any action or cause of action for the enforcement of this Indenture, or for the appointment of a receiver or for any other remedy here- under; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice the lien of-this Indenture by its, his, her or their action or to enforce any right hereunder except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal and ratable benefit of the holders of all Outstanding Bonds. However, nothing contained in this Indenture shall affect or impair the right of any Bondholder to enforce the payment of the principal of and premium, if any, and interest on any Bond at and after the maturity thereof, or the obliga- tion of Issuer to pay the principal of and premium, if any, and interest on each of the Bonds issued hereunder to the respective holders thereof at the time, place, from the source and in the manner in the Bonds expressed. Section 9.11. Termination of Proceedings. In case Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, Issuer, Trustee and the Bondholders shall be restored to their former positions and rights here- under, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of Trus- tee shall continue as if no such proceedings had been taken. Section 9.12. Waivers of events of Default. Trustee may at its discretion waive any Event of Default hereunder and its consequences and rescind any declaration of accelera- tion of principal, and shall do so upon the written request of the holders of (1) sixty-six and two-thirds percent (66-2/3y,) in aggregate principal amount of all Outstanding Bonds in respect of which Default in the payment of principal or interest, or both, exists cr (2) sixty-six and two-thirds percent (66-2j3~) in aggregate principal amount of all Out- standing Bonds in the case of any other Default; provided, however, that there shall not be waived any Default ir. the payment of the principal of or interest on any Outstanding -35-