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granted or to institute such action, suit or proceeding in their own name or names, nor unless also
<br /> they have offered to the Trustee indemnity as provided in Section 9.1(1) of this Indenture (except
<br /> with respect to acceleration of the Bonds) nor unless the Trustee shall thereafter fail or refuse to
<br /> exercise within a reasonable period of time (not to exceed 30 days) the powers hereinbefore
<br /> granted, or to institute such action, suit or proceeding in its own name; and such notification,
<br /> request and offer of indemnity or other assurances are hereby declared in every case at the option
<br /> of the Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture,
<br /> and to any action or cause of action for the enforcement of this Indenture, or for the appointment
<br /> of a receiver or for any other remedy hereunder; it being understood and intended that no one (1)
<br /> or more Bondholders shall have any right in any manner whatsoever to affect, disturb or prejudice
<br /> the lien of this Indenture by its, his, her or their action or to enforce any right hereunder except in
<br /> the manner herein provided, and that all proceedings at law or in equity shall be instituted,had and
<br /> maintained in the manner herein provided and for the equal and ratable benefit of the Bondholders
<br /> of all Outstanding Bonds. However, nothing contained in this Indenture shall affect or impair the
<br /> right of any Bondholder to enforce the payment,by the institution of any suit, action or proceeding
<br /> in equity or at law, of the principal of, premium, if any, and interest on any Bond at and after the
<br /> maturity thereof, or the obligation of the Trustee on behalf of the Issuer to pay the principal of,
<br /> premium, if any, and interest on each of the Bonds issued hereunder to the respective Bondholders
<br /> thereof at the time, place, from the source and in the manner in the Bonds expressed.
<br /> SECTION 8.10. Termination of Proceedings. In case the Trustee or the Bondholders
<br /> shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or
<br /> otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or
<br /> shall have been determined adversely to the Trustee, or the Bondholders, then and in every such
<br /> case, the Issuer, the Trustee, the and the Bondholders shall be restored to their former positions
<br /> and rights hereunder with respect to the Trust Estate, and all rights, remedies and powers of the
<br /> Issuer, the Trustee, and the Bondholders shall continue as if no such proceedings had been taken.
<br /> SECTION 8.11. Waivers of Events of Default. The Trustee may waive any Event of
<br /> Default hereunder and its consequences and rescind any declaration of acceleration of principal of
<br /> and interest on the Bonds, upon the written request of the Majority Bondholder(s); provided,
<br /> however, that there shall not be waived any Event of Default in the payment of the principal of or
<br /> interest on any Outstanding Bonds (other than principal of or interest on the Bonds which became
<br /> due and payable by declaration of acceleration), both, to the extent permitted by law, and all
<br /> expenses of the Trustee in connection with such Event of Default shall have been paid or provided
<br /> for. In case of any such waiver or rescission, or in case any proceeding taken by the Trustee on
<br /> account of any such Event of Default shall have been discontinued or abandoned or determined
<br /> adversely to the Trustee, then and in every such case the Issuer, the Trustee, and the Bondholders
<br /> shall be restored to their former positions and rights hereunder, respectively, but no such waiver
<br /> or rescission shall extend to any subsequent or other Event of Default or impair any right
<br /> consequent thereon.
<br /> SECTION 8.12. Notice of Events of Default under Section 8.1(c); Opportunity of
<br /> the Issuer and the Company to Cure Such Events of Default. Anything herein to the contrary
<br /> notwithstanding, no default under Section 8.1(c) hereof shall constitute an Event of Default until
<br /> actual notice of such default by registered or certified mail shall be given to the Issuer,the Trustee
<br /> and the Company by the Trustee or by the Bondholders of not less than twenty-five percent(25%)
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<br /> 735810810
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