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<br />(b) the Holders of at least twenty-five percent (25%) in aggregate principal
<br />amount of Bonds then outstanding shall have made written request to the Trustee, shall
<br />have afforded the Trustee reasonable opportunity to proceed to exercise the remedies,
<br />rights and powers granted herein or to institute the suit, action or proceeding in its own
<br />name, and shall have offered indemnity to the Trustee as provided in Sections 6.01 and
<br />6.02 hereof; and
<br />(c) the Trustee thereafter shall have failed or refused to exercise the
<br />remedies, rights and powers granted herein or to institute the suit, action or proceeding in
<br />its own name.
<br />At the option of the Trustee, that notification (or notice), request, opportunity and offer of
<br />indemnity are conditions precedent in every case, to the institution of any suit, action or proceeding
<br />described above. Anything in the foregoing to the contrary notwithstanding, no Holder of any
<br />Bond shall have any right to institute any suit, action or proceeding at law or in equity for the
<br />enforcement of this Indenture or for the execution of any trust hereof or for the appointment of a
<br />receiver or any other remedy hereunder, unless an Event of Default under Section 7.01(g) or (h)
<br />hereof shall have occurred and be continuing.
<br />No one or more Holders of the Bonds shall have any right to affect, disturb or prejudice in
<br />any manner whatsoever the security or benefit of this Indenture by its or their action, or to enforce,
<br />except in the manner provided herein, any remedy, right or power hereunder. Any suit, action or
<br />proceedings shall be instituted, had and maintained in the manner provided herein for the benefit
<br />of the Holders of all Bonds then outstanding. Nothing in this Indenture shall affect or impair,
<br />however, the right of any Holder to enforce the payment of the Bond Service Charges on any Bond
<br />owned by that Holder at and after the maturity thereof, at the place, from the sources and in the
<br />manner expressed in that Bond.
<br />Section 7.09. Termination of Proceedings.In case the Trustee shall have proceeded to
<br />enforce any remedy, right or power under this Indenture in any suit, action or proceedings, and the
<br />suit, action or proceedings shall have been discontinued or abandoned for any reason, or shall have
<br />been determined adversely to the Trustee, the Issuer, the Trustee, the Bank, the Confirming Bank,
<br />if any, and the Holders shall be restored to their former positions and rights hereunder, respectively,
<br />and all rights, remedies and powers of the Trustee shall continue as if no suit, action or proceedings
<br />had been taken.
<br />Section 7.10. Waivers of Events of Default.Except as hereinafter provided, at any time,
<br />in its discretion, the Trustee, but only with the express written consent of the Initial BSBY Rate
<br />Bond Purchaser, if any, the Bank, if any, and the Confirming Bank, if any, with respect to
<br />paragraphs (a), (b) or (c) of Section 7.01 hereof, may waive any Event of Default hereunder and
<br />its consequences and may rescind and annul any declaration of maturity of principal of the Bonds.
<br />The Trustee shall do so upon the written request of the Initial BSBY Rate Bond Purchaser, if any,
<br />Bank, if any, and the Confirming Bank, if any, but only with respect to paragraphs (a), (b) or (c)
<br />of Section 7.01 hereof. Notwithstanding the foregoing, if the Trustee has drawn on the Letter of
<br />Credit, prior to waiving any Event of Default the Trustee shall have received written confirmation
<br />from the Bank that the Letter of Credit has been reinstated to an amount not less than 100% of the
<br />outstanding principal of, plus 105 days’ interest (or 200 days’ interest if the Interest Rate Mode on
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