Delta Airlines 2003 Annual Report Download - page 197

Notes or this Indenture. The Trustee may maintain a proceeding even if it does
not possess any of the Notes or does not produce any of them in the proceeding.
A delay or omission by the Trustee or any Holder in exercising any right or
remedy occurring upon an Event of Default shall not impair the right or remedy
or constitute a waiver of or acquiescence in the Event of Default. All remedies
are cumulative to the extent permitted by law.
SECTION 6.04 Waiver of Past Defaults.
The Holders of a majority in aggregate principal amount of the Notes
then outstanding may, on behalf of the Holders of all the Notes then
outstanding, waive any past Default or Event of Default and its consequences,
except a Default or Event of Default in the payment of the principal or interest
or Liquidated Damages, if applicable, on the Notes (other than the non-payment
of principal, interest or Liquidated Damages, if any, on the Notes which has
become due solely by virtue of an acceleration which has been duly rescinded as
provided above), or in respect of a covenant or provision of this Indenture
which cannot be modified or amended without the consent of all Holders. When a
Default or Event of Default is waived, it is cured and stops continuing. No
waiver shall extend to any subsequent or other Default or Event of Default or
impair any right consequent thereon.
SECTION 6.05 Control by Majority.
The Holders of a majority in aggregate principal amount of the Notes
then outstanding may direct the time, method and place of conducting any
proceeding for any remedy available to the Trustee or exercising any trust or
power conferred on the Trustee. However, the Trustee may refuse to follow any
direction that conflicts with law or this Indenture that the Trustee determines
may be unduly prejudicial to the rights of other Holders or that may involve the
Trustee in personal liability; provided that the Trustee shall have no duty or
obligation (subject to Section 7.01) to ascertain whether or not such actions of
forebearances are unduly prejudicial to such Holders; provided, further, that
the Trustee may take any other action the Trustee deems proper that is not
inconsistent with such directions.
SECTION 6.06 Limitation on Suits.
A Holder may not pursue any remedy with respect to this Indenture or
the Notes unless:
(a) the Holder gives to the Trustee written notice of a continuing
Event of Default on the Notes;
(b) the Holders of at least 25% in principal amount of the Notes
then outstanding make a written request to the Trustee to pursue the remedy;
(c) such Holders offer and, if requested, provide to the Trustee
indemnity reasonably satisfactory to the Trustee against any cost, expense or
liability;
(d) the Trustee does not act on the request on or prior to the
60th day after receipt of the request and the offer and, if requested, the
provision of indemnity; and
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