Laserfiche WebLink
*4rr w <br />Page 24 <br />(c) No holder or registered owner of any of the outstanding Sewer <br />Revenue Bonds shall have any right to institute any suit, action, mandamus <br />or other proceeding in equity or in law for the protection or enforcement of <br />any right under this Ordinance or under said Act No. 132 of 1933, as amended, <br />and Act No. 297 of 1937, as amended, unless such holder previously shal l <br />have given to the Trustee written notice of the default on account of which such <br />suit, action or proceeding is to be taken, and unless the holders and registered <br />owners of not less than ten per cent (10%) in principal amount of the Sewer <br />Revenue Bonds then outstanding shall have made written request of the Trustee <br />after the right to exercise such powers or right of action, as the case may be, <br />shall have accrued, and shall have afforded the Trustee a reasonable opportunity <br />either to proceed to exercise the powers herein granted or granted by said Act <br />No. 132 of 1933, as amended, and Act No. 297 of 1937, as amended, or by the <br />laws of the State of Arkansas, or to institute such action, suit or proceeding <br />in its name, and unless, also, there shall have been offered to the Trustee <br />reasonable security and indemnity against the costs, expenses and liabilities <br />to be incurred therein, or thereby, and the Trustee shall have refused or <br />neglected to comply with such request within a reasonable time, and such <br />notification, request and offer of indemnity are hereby declared in every such <br />case, at the option of the Trustee, to be conditions precedent to the execution <br />of the powers and trusts of this Ordinance or to any other remedy hereunder. <br />It is understood and intended that no one or more holders or registered owners <br />of the bonds hereby secured shall have any right in any manner whatever by his <br />or their action to affect, disturb or prejudice the security of this Ordinance, <br />or to enforce any right hereunder except in the manner herein provided, that <br />all proceedings at law or in equity shall be instituted, had and maintained in <br />the manner herein provided and for the benefit of all holders and registered <br />owners of the outstanding bonds and coupons, and that any individual rights <br />