if any) and interest, in respect of which or for the
benefit of which such money has been collected, ratably, without preference or
priority of any kind, according to the amounts due and payable on such Notes for
principal (and premium, if any) and interest, respectively; and
Third:
to the Company.
SECTION 607
LIMITATION ON SUITS.
SUBJECT TO
SECTION 608 HEREOF, NO HOLDER MAY PURSUE ANY REMEDY WITH RESPECT TO THIS
INDENTURE OR THE NOTES UNLESS:
(I)
SUCH HOLDER HAS PREVIOUSLY GIVEN THE
TRUSTEE WRITTEN NOTICE THAT AN EVENT OF DEFAULT IS CONTINUING;
(II)
HOLDERS OF AT LEAST 30% IN PRINCIPAL
AMOUNT OF THE OUTSTANDING NOTES HAVE REQUESTED THE TRUSTEE IN WRITING TO PURSUE
THE REMEDY;
(III)
SUCH HOLDER OR HOLDERS HAVE OFFERED TO THE
TRUSTEE REASONABLE SECURITY OR INDEMNITY AGAINST ANY LOSS, LIABILITY OR EXPENSE;
(IV)
THE TRUSTEE HAS NOT COMPLIED WITH THE REQUEST
WITHIN 60 DAYS AFTER RECEIPT OF THE REQUEST AND THE OFFER OF SECURITY OR
INDEMNITY; AND
(V)
THE HOLDERS OF A MAJORITY IN PRINCIPAL
AMOUNT OF THE OUTSTANDING NOTES HAVE NOT GIVEN THE TRUSTEE A DIRECTION
INCONSISTENT WITH THE REQUEST WITHIN SUCH 60-DAY PERIOD.
H-95
A Holder may not use this Indenture to affect, disturb or prejudice the rights
of another Holder, to obtain a preference or priority over another Holder or to
enforce any right under this Indenture except in the manner herein provided and
for the equal and ratable benefit of all Holders.
SECTION 608
UNCONDITIONAL RIGHT OF HOLDERS TO
RECEIVE PRINCIPAL AND INTEREST.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS
INDENTURE, THE HOLDER OF ANY NOTE SHALL HAVE THE ABSOLUTE AND UNCONDITIONAL
RIGHT TO RECEIVE PAYMENT OF THE PRINCIPAL OF (AND PREMIUM, IF ANY) AND ALL
(SUBJECT TO SECTION 307) INTEREST ON SUCH NOTE ON THE RESPECTIVE STATED MATURITY
OR INTEREST PAYMENT DATES EXPRESSED IN SUCH NOTE AND TO INSTITUTE SUIT FOR THE
ENFORCEMENT OF ANY SUCH PAYMENT ON OR AFTER SUCH RESPECTIVE STATED MATURITY OR
INTEREST PAYMENT DATES, AND SUCH RIGHT SHALL NOT BE IMPAIRED WITHOUT THE CONSENT
OF SUCH HOLDER.
SECTION 609
RESTORATION OF RIGHTS AND
REMEDIES.
IF THE TRUSTEE OR ANY HOLDER HAS INSTITUTED ANY PROCEEDING TO ENFORCE
ANY RIGHT OR REMEDY UNDER THIS INDENTURE OR ANY NOTE AND SUCH PROCEEDING HAS
BEEN DISCONTINUED OR ABANDONED FOR ANY REASON, OR HAS BEEN DETERMINED ADVERSELY
TO THE TRUSTEE OR TO SUCH HOLDER, THEN AND IN EVERY SUCH CASE THE COMPANY, ANY
OTHER OBLIGOR UPON THE NOTES, THE TRUSTEE AND THE HOLDERS SHALL, SUBJECT TO ANY
DETERMINATION IN SUCH PROCEEDING, BE RESTORED SEVERALLY AND RESPECTIVELY TO
THEIR FORMER POSITIONS HEREUNDER, AND THEREAFTER ALL RIGHTS AND REMEDIES OF THE
TRUSTEE AND THE HOLDERS SHALL CONTINUE AS THOUGH NO SUCH PROCEEDING HAD BEEN
INSTITUTED.
SECTION 610
RIGHTS AND REMEDIES CUMULATIVE.
NO RIGHT OR REMEDY HEREIN CONFERRED UPON OR RESERVED TO THE TRUSTEE OR TO THE
HOLDERS IS INTENDED TO BE EXCLUSIVE OF ANY OTHER RIGHT OR REMEDY, AND EVERY
RIGHT AND REMEDY SHALL, TO THE EXTENT PERMITTED BY LAW, BE CUMULATIVE AND IN