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.
Appears in 2 contracts
Samples: Indenture (Universal Brixius Inc), Indenture (Poindexter J B & Co Inc)
Actions by the Trustee. Subject to the provisions of the Security Documents and Article TwelveVIII, 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 Restricted Subsidiaries 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 7.1 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 instrument11.9.
Appears in 1 contract
Samples: Indenture (Dan River Inc /Ga/)
Actions by the Trustee. Subject to the provisions of the Security Collateral Documents and Article Twelve12, 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 Collateral Documents and (ii) to collect and receive all amounts payable in respect of the obligations of the Company and any Guarantors under the Security Collateral 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 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 Security Collateral. No duty beyond that set forth in Section 602 5.1 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 instrument11.9.
Appears in 1 contract
Samples: Intercreditor, Security and Collateral Agency Agreement (Abraxas Petroleum Corp)
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 602 501 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.
Appears in 1 contract
Samples: Indenture (Poindexter J B & Co Inc)
Actions by the Trustee. Subject to the provisions of the Security Documents and Article TwelveVIII, 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 Note 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 material 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 7.1 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 instrument10.9.
Appears in 1 contract
Actions by the Trustee. Subject to the provisions of the Security Documents and Article Twelvethis Indenture, the Trustee may in its sole discretion and without the consent of the Holders take all actions it deems 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. 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 7.01 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 instrument10.06.
Appears in 1 contract
Samples: Indenture (CCH Ii Capital Corp)
Actions by the Trustee. Subject to the provisions of the Security Collateral Documents and Article TwelveVIII, 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 Collateral Documents and (ii) to collect and receive all amounts payable in respect of the obligations of the Company and any Guarantors under the Security Collateral 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 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 Security Collateral. No duty beyond that set forth in Section 602 7.1 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 instrument10.9.
Appears in 1 contract
Samples: Indenture (Listerhill Total Maintenance Center LLC)
Actions by the Trustee. Subject to the provisions of the Security Documents and Article TwelveVIII, the Trustee may in its sole discretion and without the consent of the Holders take all actions it deems 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. 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 7.1 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 instrument10.10.
Appears in 1 contract
Actions by the Trustee. Subject to the provisions of the Security Documents and Article TwelveSix, the Trustee may may, but without any obligation to do so, 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 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 7.01 is imposed on the Trustee pursuant to this Section 140910.07. -------------------- This instrument may be executed in any number of counterparts, each of which so executed shall be deemed All items to be an original, but all such counterparts delivered to the Trustee pursuant to this Article Ten shall together constitute but one and also be delivered to the same instrumentCollateral Agent.
Appears in 1 contract
Samples: Indenture (IMI of Arlington, Inc.)
Actions by the Trustee. Subject to the provisions of the Security Documents and Article TwelveVIII, 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 7.1 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 instrument10.9.
Appears in 1 contract