Common use of Action upon Instructions; Certain Rights and Limitations Clause in Contracts

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee shall not approve any such matter as satisfactory to the Mortgagee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b5.02(a), 4.085.06, 5.01 6.01 and 5.03 6.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee shall, subject to the terms of this Section 5.026.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; instructions and (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or hereunder with respect to any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; and (iii) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee shall not not, except as provided in Section 6.01, approve any such matter as satisfactory to the Mortgagee; provided, that anything contained in this Trust Indenture, . The Mortgagee will execute and the Lease or the other Operative Agreements Owner will file such continuation statements with respect to financing statements relating to the contrary notwithstandingsecurity interest created hereunder in the Collateral as may be specified from time to time in written instructions of a Majority in Interest of Note Holders (which instructions shall be accompanied by the form of such continuation statement so to be filed). The Mortgagee will furnish to each Note Holder, but subject promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates and other instruments furnished to the next paragraph hereof:Mortgagee hereunder.

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b4.02(a), 4.084.06, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; and (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or hereunder with respect to any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; . The Indenture Trustee will execute and (iii) approve as satisfactory the Owner will file or cause to be filed such continuation statements with respect to financing statements relating to the Mortgagee all matters required by security interest created hereunder in the terms of the Lease Collateral as specified from time to be satisfactory to the Owner Trustee, it being understood that without the time in written instructions of a Majority in Interest of Note HoldersCertificate Holders (which instructions may, by their terms, be operative only at a future date and which shall be accompanied by the Mortgagee shall not approve any form of such matter as satisfactory continuation statement so to be filed). The Indenture Trustee will furnish to each Certificate Holder promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates and other instruments furnished to the Mortgagee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereof:Indenture Trustee hereunder.

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b5.02(a), 4.085.06, 5.01 6.01 and 5.03 6.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.026.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; instructions and (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or hereunder with respect to any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; and (iii) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee Indenture Trustee shall not not, except as provided in Section 6.01, approve any such matter as satisfactory to the Mortgagee; provided, that anything contained in this Trust Indenture, Indenture Trustee. The Indenture Trustee will execute and the Lease or the other Operative Agreements Owner will file such continuation statements with respect to financing statements relating to the contrary notwithstandingsecurity interest created hereunder in the Collateral as may be specified from time to time in written instructions of a Majority in Interest of Note Holders (which instructions shall be accompanied by the form of such continuation statement so to be filed). The Indenture Trustee will furnish to each Note Holder, but subject promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates and other instruments furnished to the next paragraph hereof:Indenture Trustee hereunder.

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.132.14, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) after the occurrence and during the continuance of an Event of Default, approve as satisfactory to the Mortgagee Indenture Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall not approve any such matter as satisfactory to the MortgageeIndenture Trustee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements Documents to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.132.14, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) after the occurrence and during the continuance of an Event of Default, approve as satisfactory to the Mortgagee Indenture Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee Indenture Trustee shall not approve any such matter as satisfactory to the MortgageeIndenture Trustee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements Documents to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.132.14, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) after the occurrence and during the continuance of an Event of Default, approve as satisfactory to the Mortgagee Indenture Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall not approve any such matter as satisfactory to the MortgageeIndenture Trustee; provided, provided that anything contained in this Trust Indenture, the Lease or the other Operative Agreements Documents to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee shall not approve any such matter as satisfactory to the Mortgagee; providedPROVIDED, HOWEVER, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.132.14, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, GTA or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) after the occurrence and during the continuance of an Event of Default, approve as satisfactory to the Mortgagee Indenture Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee Indenture Trustee shall not approve any such matter as satisfactory to the MortgageeIndenture Trustee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements Documents to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b5.2(a), 4.085.6, 5.01 6.1, and 5.03 hereof6.3, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holdersthe Lenders, the Mortgagee shall, subject to the terms of this Section 5.026.2, take such of the following actions as may shall be specified in such instructions: (ia) give such notice or direction or exercise such right, remedy remedy, or power hereunder as shall be specified in such instructions; , (iib) give such notice or direction or exercise such right, remedy remedy, or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or hereunder with respect to any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; , and (iiic) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease hereby to be satisfactory to the Owner TrusteeMortgagee (and, it being understood that without the written instructions of a Majority in Interest of Note Holdersthe Lenders, the Mortgagee shall not not, except as provided in Section 6.1, approve any such matter as satisfactory to the Mortgagee; provided). Mortgagee will furnish to each Lender, that anything contained in this Trust Indenturepromptly upon receipt thereof, the Lease duplicates or the copies of all reports, notices, requests, demands, certificates, and other Operative Agreements instruments furnished to the contrary notwithstanding, but subject to the next paragraph hereof:Mortgagee hereunder.

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections (S)(S) 2.13, 4.03, 4.04(a) and (b), 4.04(b), 4.08, 5.01 5.01, and 5.03 hereof5.03, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee shall, subject to the terms of this Section (S) 5.02, take such of the following actions as may shall be specified in such instructions: (ix) give such notice or direction or exercise such right, remedy remedy, or power hereunder as shall be specified in such instructions; (iiy) give such notice or direction or exercise such right, remedy remedy, or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; and (iiiz) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner TrusteeTrustee (and, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee shall not approve any such matter as satisfactory to the Mortgagee); provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereoffollowing paragraph:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) approve as satisfactory to the Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee shall not approve any such matter as satisfactory to the Mortgagee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.132.14, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) after the occurrence and during the continuance of an Event of Default, approve as satisfactory to the Mortgagee Indenture Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Certificate Holders, the Mortgagee Indenture Trustee shall not approve any such matter as satisfactory to the MortgageeIndenture Trustee; providedPROVIDED, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements Documents to the contrary notwithstanding, but subject to the next paragraph hereof:

Action upon Instructions; Certain Rights and Limitations. (a) Subject to the terms of Sections 2.13(xx.xx.) 2.14, 4.03, 4.04(a) and (b), 4.08, 5.01 5.01, and 5.03 hereof5.03, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Mortgagee Loan Trustee shall, subject to the terms of this Section (ss.) 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, the Engine Warranty Assignment or any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; and (iii) approve as satisfactory to the Mortgagee Loan Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Mortgagee Loan Trustee shall not approve any such matter as satisfactory to the MortgageeLoan Trustee; provided, that anything contained in this Trust IndentureMortgage, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereof: