Laserfiche WebLink
Mb <br />any other such Bond, according to the amounts due respectively for principal <br />and interest, to the persons entitled thereto, without any discrimination or <br />preference. <br />Notwithstanding the foregoing paragraphs (a) and (b), if the Credit <br />Facility Provider shall have wrongfully failed to honor a demand for funds <br />under the Credit Facility, no moneys held under the Indenture shall be used <br />for the payment of interest on or the principal or Redemption Price of any <br />Credit Facility Bond or any amounts due under the Credit Facility Agredment <br />until after all amounts payable with respect to all other Outstanding Bonds <br />shall have been paid in full. <br />Whenever moneys are to be applied by the Trustee a described above, <br />such moneys shall be applied by the Trustee at such time, and from time to <br />time, as the Trustee in its sole discretion shall determine, having due regard <br />to the amount of such moneys available for application and the likelihood of <br />additional moneys becoming available for such application in the future. The <br />setting aside of such moneys in trust for the benefit of all Holders of the <br />Outstanding Bonds shall constitute proper application by the Trustee, and the <br />Trustee shall incur no liability whatsoever to the Issuer, to any Bondholder, <br />to the Credit Facility Provider or to any other person for any delay in <br />applying any such moneys, so long as the Trustee acts with reasonable <br />diligence, having due regard to the circumstances, and ultimately applies the <br />same in accordance with such provisions of the Indenture as may be applicable <br />at the time of application by the Trustee. Whenever the Trustee shall <br />exercise such discretion in applying such moneys, it shall fix the date (which <br />shall be an Interest Payment Date unless the Trustee shall deem another date <br />more suitable) upon which such application is to be made, and upon such date <br />interest on the amounts of principal of the Bonds paid on such date shall <br />cease to accrue. The Trustee shall give such notice as it may deem <br />appropriate of the fixing of any such date. The Trustee shall not be required <br />to make payment to the Holder of any Bond unless such Bond shall be presented <br />to the Trustee for appropriate endorsement. <br />Restrictions upon Action by Individual Bondholders (Section 7.07) <br />No Bondholder shall have any right to institute any suit, action or <br />proceeding in equity or at' law for the execution of any trust under the <br />Indenture or for any other remedy under the Indenture unless (i) such Holder <br />previously shall have given to the Trustee written notice of the Event of <br />Default on account of which such suit, action or proceeding is to be <br />instituted, (ii) the Holders of not less than 20: of the Bonds shall have made <br />written request to the Trustee after the right to exercise such powers or <br />right of action, as the case may be, shall have accrued, and shall have <br />afforded the Trustee a reasonable opportunity either to proceed to exercise <br />the powers granted by the Indenture or to institute such action, suit or <br />proceeding in its or their name, and (iii) there shall have been offered to <br />the Trustee reasonable security and indemnity against the costs, expenses and <br />liabilities to be incurred therein or thereby, and the Trustee shall have <br />refused or neglected to comply with such request within a reasonable time. <br />-34- <br />