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CITY-OF-BATESVILLE
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VW .rr� <br />possession of any of the bonds or coupons or the production thereof <br />in any trial or other proceeding relating thereto and any such suit <br />or proceeding instituted by the Trustee shall be brought in its name <br />as Trustee, without the necessity of joining as plaintiffs or de- <br />fendants any holders of the bonds hereby secured, and any recovery <br />of judgment shall be for the equal benefit of the holders of the out- <br />standing bonds and coupons, subject to the provisions of Section 404 <br />hereof with respect to extended, transferred or pledged coupons and <br />claims for interest. <br />Section 1010. No holder of any bond or coupons shall have <br />any right to institute any suit, action or proceeding in equity or <br />at law for the enforcement of this Indenture or for the execution of <br />any trust hereof or for the appointment of a receiver or any other <br />remedy hereunder, unless a default has occurred of which the Trustee <br />has been notified as provided in sub -section (g) of Section 1101, or <br />of which by said sub -section it is deemed to have notice, nor unless <br />such default shall have become an event of default and the holders of <br />twenty-five per cent (25%) in aggregate principal amount of bonds <br />outstanding hereunder shall have made written request to the Trustee <br />and shall have offered it reasonable opportunity either to proceed to <br />exercise the powers hereinbefore granted or to institute such action, <br />suit or proceeding in its own name, nor unless also they have offered <br />to the Trustee indemnity as provided in Section 1101 nor unless the <br />Trustee shall thereafter fail or refuse to exercise the powers herein- <br />before granted, or to institute such action, suit or proceeding in <br />its own name; and such notification, request and offer of indemnity <br />are hereby declared in every such case at the option of the Trustee <br />to be conditions precedent to the execution of the powers and trusts <br />of this Indenture, and to any action or cause of action for the en- <br />forcement of this Indenture or for the appointment of a receiver or <br />for any other remedy hereunder; it being, understood and intended <br />
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