ANY SUCH
ACTION, SUIT OR PROCEEDING
33
AND (D) NO DIRECTION INCONSISTENT WITH SUCH WRITTEN REQUEST SHALL HAVE BEEN
GIVEN TO THE TRUSTEE PURSUANT TO SECTION 6.07; IT BEING UNDERSTOOD AND INTENDED,
AND BEING EXPRESSLY COVENANTED BY THE TAKER AND HOLDER OF EVERY NOTE WITH EVERY
OTHER TAKER AND HOLDER AND THE TRUSTEE, THAT NO ONE OR MORE HOLDERS OF NOTES
SHALL HAVE ANY RIGHT IN ANY MANNER WHATEVER BY VIRTUE OF OR BY REFERENCE TO ANY
PROVISION OF THIS INDENTURE TO AFFECT, DISTURB OR PREJUDICE THE RIGHTS OF ANY
OTHER HOLDER OF NOTES, 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 NOTES (EXCEPT AS OTHERWISE PROVIDED HEREIN).
FOR THE PROTECTION AND ENFORCEMENT OF THIS SECTION 6.04, EACH AND EVERY
NOTEHOLDER AND THE TRUSTEE SHALL BE ENTITLED TO SUCH RELIEF AS CAN BE GIVEN
EITHER AT LAW OR IN EQUITY.
Notwithstanding any other provision of this Indenture and any provision of any
Note, the right of any holder of any Note to receive payment of the principal of
(including the redemption price or Change in Control Purchase Price upon
redemption or repurchase pursuant to Article 3) and accrued interest on such
Note, on or after the respective due dates expressed in such Note or in the
event of redemption or repurchase, or to institute suit for the enforcement of
any such payment on or after such respective dates against the Issuer shall not
be impaired or affected without the consent of such holder.
Anything contained in this Indenture or the Notes to the contrary
notwithstanding, the holder of any Note, without the consent of either the
Trustee or the holder of any other Note, in its own behalf and for its own
benefit, may enforce, and may institute and maintain any proceeding suitable to
enforce, its rights of conversion as provided herein.
SECTION 6.05.
PROCEEDINGS BY TRUSTEE.
IN CASE OF AN EVENT OF DEFAULT, THE
TRUSTEE MAY, IN ITS DISCRETION, PROCEED TO PROTECT AND ENFORCE THE RIGHTS VESTED
IN IT BY THIS INDENTURE BY SUCH APPROPRIATE JUDICIAL PROCEEDINGS AS ARE
NECESSARY TO PROTECT AND ENFORCE ANY OF SUCH RIGHTS, EITHER BY SUIT IN EQUITY OR
BY ACTION AT LAW OR BY PROCEEDING IN BANKRUPTCY OR OTHERWISE, WHETHER FOR THE
SPECIFIC ENFORCEMENT OF ANY COVENANT OR AGREEMENT CONTAINED IN THIS INDENTURE OR
IN AID OF THE EXERCISE OF ANY POWER GRANTED IN THIS INDENTURE, OR TO ENFORCE ANY
OTHER LEGAL OR EQUITABLE RIGHT VESTED IN THE TRUSTEE BY THIS INDENTURE OR BY
LAW.
SECTION 6.06.
REMEDIES CUMULATIVE AND CONTINUING.
ALL POWERS AND REMEDIES
GIVEN BY THIS ARTICLE 6 TO THE TRUSTEE OR TO THE NOTEHOLDERS SHALL, TO THE
EXTENT PERMITTED BY LAW, BE DEEMED CUMULATIVE AND NOT EXCLUSIVE OF ANY THEREOF
OR OF ANY OTHER POWERS AND REMEDIES AVAILABLE TO THE TRUSTEE OR THE HOLDERS OF