Actions by the Trustee. Subject to the provisions of the Security Documents and Article Twelve, the Trustee may in its sole discretion and without the consent of the Holders take all actions it deems necessary or appropriate in order to (i) enforce any of the terms of the Security Documents and (ii) to collect and receive all amounts payable in respect of the obligations of the Company and any Guarantors under the Security Documents and this Indenture. The Trustee shall have the power to institute and maintain such suits and proceedings as it may deem expedient in order to prevent any impairment of the Security Collateral by any act that may be unlawful or in violation of this Indenture or the Security Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and those of the Holders in the Security Collateral. No duty beyond that set forth in Section 602 is imposed on the Trustee pursuant to this Section 1409. -------------------- This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Actions by the Trustee. Subject in all respects to the terms and conditions of the Collateral Trust Agreement and the limitations set forth in Section 6.6(a) hereof, the Trustee shall have the power to institute and maintain such suits and proceedings as it may deem expedient in order to prevent any impairment of the Collateral by any act that may be unlawful or in violation of this Indenture or the Collateral Trust Agreement, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and those of the Holders in the Collateral. No duty beyond that set forth in Section 7.1 is imposed on the Trustee pursuant to this Section 10.4.
Actions by the Trustee. The Trustee shall have the power to institute and maintain such suits and proceedings as it may deem expedient in order to prevent any impairment of the Collateral by any act that may be unlawful or in violation of this Indenture or the Collateral Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and those of the Holders in the Collateral. No duty beyond that set forth in Section 7.1 is imposed on the Trustee pursuant to this Section 11.5.
Actions by the Trustee. Subject to the provisions of the Security Documents, the Intercreditor Agreement and this Indenture, the Trustee may in its sole discretion and without the consent of the Holders take all actions that are deemed necessary or appropriate in order to (i) enforce any of the terms of the Security Documents and (ii) to collect and receive all amounts payable in respect of the obligations of the Company and any Guarantors under the Security Documents and this Indenture. Subject to the terms of the Intercreditor Agreement, the Trustee shall have the power to institute and maintain such suits and proceedings as it may deem expedient in order to prevent any impairment of the Collateral by any act that may be unlawful or in violation of this Indenture or the Security Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and those of the Holders in the Collateral. No duty beyond that set forth in Section 7.01 is imposed on the Trustee pursuant to this Section 10.05.
Actions by the Trustee. SECTION 4.1. Prior Notice to Holder of the Transferor Certificate with Respect to Certain Matters. With respect to the following matters, the Trustee shall not take action unless, at least thirty (30) days before the taking of such action, the Trustee shall have notified the Holder of the Transferor Certificate in writing of the proposed action and the Holder of the Transferor Certificate shall not have notified the Trustee in writing prior to the thirtieth (30th) day after such notice is given that the Holder of the Transferor Certificate withheld consent or shall not have provided alternative direction:
(a) the initiation of any claim or lawsuit by the Trust (except claims or lawsuits brought in connection with the collection of the Trust Estate) and the compromise of any action, claim or lawsuit brought by or against the Trust (except with respect to the aforementioned claims or lawsuits for collection of Trust Estate);
(b) the election by the Trust to file an amendment to the Certificate of Trust unless such amendment is required under the Trust Statute;
(c) the amendment of the Indenture in circumstances where the consent of any Noteholder is required;
(d) the amendment of the Indenture in circumstances where the consent of any Noteholder is not required and such amendment materially and adversely affects the interest of the Holder of the Transferor Certificate;
(e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner, or add any provision, that would not materially and adversely affect the interests of the Holder of the Transferor Certificate; or
(f) the appointment pursuant to the Indenture of a successor Note Registrar, Paying Agent or Indenture Trustee, or the consent to the assignment by the Note Registrar, Paying Agent or Indenture Trustee of its obligations under the Indenture or this Agreement, as applicable.
SECTION 4.2. Action by the Holder of the Transferor Certificate with Respect to Certain Matters. The Trustee shall not have the power, except upon the direction of the Holder of the Transferor Certificate, to: (a) remove the Administrator under the Administration Agreement, (b) appoint a successor Administrator, or (c) except as expressly provided in the Related Documents, sell the Transferred Receivables after the termination of the Indenture. The Trustee shall take the actions referred to in the preceding sentence only upon written instruc...
Actions by the Trustee. Subject to the provisions of the Subordination Agreement and the Security Documents and Article Six, the Trustee shall have the power, but without any obligation to exercise such power, to take in its sole discretion and without the consent of the Holders all actions it deems necessary or appropriate in order to (i) enforce any of the terms of the Security Documents and (ii) to collect and receive all amounts payable in respect of the obligations of the Company and any Guarantors under the Security Documents and this Indenture. The Trustee shall have the power to institute and maintain such suits and proceedings as it may deem expedient in order to prevent any impairment of the Collateral by any act that may be unlawful or in violation of this Indenture or the Security Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of the Notes in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom, including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security hereunder or under any of the Collateral Documents, or be prejudicial to the interests of the Holders of the Notes or the Trustee. No duty beyond that set forth in Section 7.01 is imposed on the Trustee pursuant to this Section 10.07. All items to be delivered to the Trustee pursuant to this Article Ten shall also be delivered to the Collateral Agent.
Actions by the Trustee. 113 ARTICLE 12 DEFEASANCE AND DISCHARGE
Actions by the Trustee. 9.1 The Trustee may exercise any or all of the powers of the Trustee hereunder and may execute any and all instruments.
Actions by the Trustee. Subject to the provisions of the Security Documents and this Indenture, the Trustee may in its sole discretion and without the consent of the Holders take all actions that are deemed necessary or appropriate in order to (i) enforce any of the terms of the Security Documents and (ii) collect and receive all amounts payable in respect of the obligations of the Company under the Security Documents and this Indenture. The Trustee shall have the power to institute and maintain such suits and proceedings as it may deem expedient in order to prevent any impairment of the Collateral by any act that may be unlawful or in violation of this Indenture or the Security Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and those of the Holders in the Collateral. No duty beyond that set forth in Section 9.01 is imposed on the Trustee pursuant to this Section 13.05. Nothing herein shall imply or be deemed to imply that any action by the Company or the Trustee need comply with, or comply with the statutes under, the Trust Indenture Act. For the avoidance of doubt, in connection with a release of Collateral, each of the Trustee and Collateral Agent shall be fully protected in conclusively relying upon the Officers’ Certificate and Opinion of Counsel to be provided to them pursuant to Section 13.02(c).
Actions by the Trustee. 10 SECTION 4.1. Prior Notice to Holder of the Transferor Certificate with Respect to Certain Matters.............................................................. 10 SECTION 4.2. Action by the Holder of the Transferor Certificate with Respect to Certain Matters.............................................................. 11 SECTION 4.3. Action by the Holder of the Transferor Certificate with Respect to Bankruptcy................................................................... 11 SECTION 4.4. Restrictions on Power........................................................ 11
