Amendments or Revocation of Trust Agreement Sample Clauses

Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (a) amend, supplement, or otherwise modify Section 9.01, Section 10.01 or Section 10.02 of the Trust Agreement except for amendments required by the Operative Documents or by Requirement of Law or which are administrative or ministerial in nature without the prior written consent of Midwest so long as no Material Lease Default or Lease Event of Default has occurred and is continuing, and without the prior written consent of the Lease Indenture Trustee and the Pass Through Trustee, so long as the Lien of the Lease Indenture has not been terminated or discharged, or (b) revoke, or otherwise waive compliance with or terminate the Trust Agreement without the prior written consent of Midwest so long as no Material Lease Default or Lease Event of Default has occurred and is continuing, and the Lease Indenture Trustee so long as the Lien of the Lease Indenture has not been terminated or discharged.
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Amendments or Revocation of Trust Agreement. Notwithstanding anything to the contrary contained in the Trust Agreement, the Owner Participant covenants that during the Lease Term it will not (a) amend, supplement, or otherwise modify Section 8.01, 10.01, 10.02 or 10.03 of the Trust Agreement without the prior written consent of the Lessee so long as no Material Default or Lease Event of Default has occurred and is continuing, and without the prior written consent of the Indenture Trustee so long as the Lien of the Indenture has not been terminated or discharged, or (b) revoke, or otherwise waive compliance with or terminate the Trust Agreement without the prior written consent of the Lessee so long as no Material Default or Lease Event of Default has occurred and is continuing, and the Indenture Trustee so long as the Lien of the Indenture has not been terminated or discharged.
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Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (i) amend, supplement, or otherwise modify Section 9.1, Section 10.1 or Section 10.3 of the Trust Agreement without the prior written consent of Old Dominion so long as no Event of Default has occurred and is continuing or of each Lender so long as the Loans are outstanding, in each case which consent shall not be unreasonably withheld, or (ii) revoke the Trust Agreement without the prior written consent of Old Dominion, so long as no Event of Default has occurred and is continuing, and of each Lender, so long as the Loans are outstanding.
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Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (i) amend, supplement, or otherwise modify Section 9.01, Section 10.01 or Section 12.02 of the Trust Agreement (except as required by the Operative Documents or Applicable Law) without the prior written consent of RMLC so long as no Event of Default has occurred and is continuing, or Oglethorpe so long as no Sublease Event of Default has occurred and is continuing, or the Lender so long as the Loan is outstanding, in any manner that would have a material adverse effect upon the rights of Oglethorpe, RMLC or the Lender or (ii) revoke, or otherwise waive compliance with or terminate the Trust Agreement without the prior written consent of RMLC so long as no Event of Default has occurred and is continuing, or Oglethorpe so long as no Sublease Event of Default has occurred and is continuing, or the Lender so long as the Loan is outstanding, and so long as OPC Secured Obligations (as defined in the Intercreditor Agreement) are outstanding and secured by the Oglethorpe Mortgage, the RUS.
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Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (a) amend, supplement, or otherwise modify Section 2, 6.06, 8, 9.01, 10.01, 11, 12.02, 12.04 or 12.11 of the Trust Agreement without the prior written consent of AEE (so long as no Lease Bankruptcy Default or Lease Event of Default shall have occurred and be then continuing), and the Indenture Trustee (so long as the Lien of the Indenture shall not have been terminated or discharged), or (b) revoke, or otherwise waive compliance with or terminate the Trust Agreement without the prior written consent of AEE (so long as no Lease Bankruptcy Default or Lease Event of Default shall have occurred and be then continuing), and the Indenture Trustee (so long as the Lien of the Indenture shall not have been terminated or discharged).
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Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (i) amend, supplement or otherwise modify Sections 3.5, 6.2, 6.3, 9.1, 10 or 11.16 of the Trust Agreement without the prior written consent of (x) so long as no Significant Lease Default or Lease Event of Default has occurred and is continuing, TVA, and (y) so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee, or (ii) waive compliance with or terminate the Trust Agreement without the prior written consent of (x) so long as no Significant Lease Default or Lease Event of Default has occurred and is continuing, TVA, and (y) so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee. The Owner Participant will give TVA and, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee, at least 15 days’ prior notice of any proposed amendment or supplement to the Trust Agreement (other than an amendment solely effecting a transfer of the Beneficial Interest pursuant to Section 7.1 hereof) and deliver true, complete and fully executed copies to TVA of any amendment or supplement to the Trust Agreement. No amendment or supplement to the Trust Agreement that could materially adversely affect the interests of the Lease Indenture Trustee shall become effective without the written consent of the Lease Indenture Trustee.
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Amendments or Revocation of Trust Agreement. 19 SECTION 5.4. TRUST ESTATE............................................................... 19 SECTION 5.5. APPOINTMENT OF SUCCESSOR OWNER TRUSTEE OR CO-TRUSTEES...................... 19
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Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (a) amend, supplement, or otherwise modify SECTION 9.01, SECTION 10.01 or SECTION 10.02 of the Trust Agreement except for amendments required by the Operative Documents or by Requirements of Law or which are administrative or ministerial in nature without the prior written consent of Midwest so long as no Material Lease Default or Lease Event of Default has occurred and is continuing, and without the prior written consent of the Holder Representative so long as the Lessor Notes are outstanding, or (b) revoke, or otherwise waive compliance with or terminate the Trust Agreement without the prior written consent of Midwest so long as no Material Lease Default or Lease Event of Default has occurred and is continuing, and the Holder Representative so long as the Lessor Notes are outstanding.
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Amendments or Revocation of Trust Agreement. The Owner Participant covenants that it will not (a) amend, supplement, or otherwise modify Section 2, 6.06, 8, 9.01, 10.01, 11, 12.02, 12.04 or 12.11 of the Trust Agreement without the prior written consent of AEE (so long as no Lease Bankruptcy Default or Lease Event
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Related to Amendments or Revocation of Trust Agreement

  • Amendment of Trust Agreement The Trust Agreement may be amended or supplemented from time to time by the Depositor and the Trustee without the consent of any of the Certificateholders to (a) cure any ambiguity, (b) correct or supplement any provisions herein which may be inconsistent with any other provisions herein, (c) modify, eliminate or add to any of its provisions to such extent as shall be necessary or appropriate to maintain the qualification of the Trust (or any assets thereof) either as a REMIC, as applicable under the Code at all times that any Certificates are outstanding or (d) make any other provisions with respect to matters or questions arising under the Trust Agreement or matters arising with respect to the Trust which are not covered by the Trust Agreement which shall not be inconsistent with the provisions of the Trust Agreement, provided that such action shall not adversely affect in any material respect the interests of any Certificateholder. Any such amendment or supplement shall be deemed not to adversely affect in any material respect any Certificateholder if there is delivered to the Trustee written notification from each Rating Agency that rated the applicable Certificates to the effect that such amendment or supplement will not cause that Rating Agency to reduce the then current rating assigned to such Certificates, as well as an Opinion of Counsel that such amendment or supplement will not result in the loss by the Trust or the assets thereof of REMIC status. The Trust Agreement may also be amended from time to time by the Depositor and the Trustee with the consent of the Holders of Certificates entitled to at least 66% of the Voting Rights for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Trust Agreement or of modifying in any manner the rights of the Holders of Certificates; provided, however, that no such amendment shall (A) reduce in any manner the amount of, or delay the timing of, payments received on Mortgage Loans which are required to be distributed on any Certificate without the consent of the Holder of such Certificate, (B) adversely affect in any material respect the interests of the Holders of any Class of Certificates, or (C) reduce the aforesaid percentage of Certificates the Holders of which are required to consent to any such amendment, unless each Holder of a Certificate affected by such amendment consents. For purposes of the giving or withholding of consents pursuant to this Section 11.01, Certificates registered in the name of the Depositor or an Affiliate shall be entitled to Voting Rights with respect to matters affecting such Certificates. Prior to consenting to any amendment, the Trustee shall be entitled to receive an Opinion of Counsel from the Depositor stating that the proposed amendment is authorized and permitted pursuant to this Trust Agreement. Promptly after the execution of any such amendment, the Trustee shall notify Certificateholders of such amendment and, upon written request, furnish a copy of such amendment to any Certificateholder. It shall not be necessary for the consent of Certificateholders under this Section 11.01 to approve the particular form of any proposed amendment, but it shall be sufficient if such consent shall approve the substance thereof. The manner of obtaining such consents and of evidencing the authorization of the execution thereof by Certificateholders shall be subject to such reasonable regulations as the Trustee may prescribe.

  • Termination of Trust Agreement Section 9.01.

  • Agreement and Declaration of Trust These By-Laws shall be subject to the Agreement and Declaration of Trust, as from time to time in effect (the "Declaration of Trust"), of the above-captioned Massachusetts business trust established by the Declaration of Trust (the "Trust").

  • Termination of Trust Indenture Upon (or at any time after) payment in full of the Original Amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that there shall then be no other Secured Obligations due to the Indenture Indemnitees, the Note Holders and the Mortgagee hereunder or under the Participation Agreement or other Operative Agreement, the Owner Trustee shall direct the Mortgagee to execute and deliver to or as directed in writing by the Owner Trustee an appropriate instrument releasing the Aircraft and the Engines from the Lien of this Trust Indenture and releasing the Lease, the Purchase Agreement, the Purchase Agreement Assignment with the Consent and Agreement and the Engine Consent and Agreement attached thereto from the assignment and pledge thereof hereunder and the Mortgagee shall execute and deliver such instrument as aforesaid and give written notice thereof to Lessee; provided, however, that this Trust Indenture and the trusts created hereby shall earlier terminate and this Trust Indenture shall be of no further force or effect upon any sale or other final disposition by the Mortgagee of all property constituting part of the Trust Indenture Estate and the final distribution by the Mortgagee of all monies or other property or proceeds constituting part of the Trust Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Trust Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

  • Amendments to the Trust Agreement (a) Subject to the provisions of the Trust Agreement, without the consent of the Holders of any Notes or the Indenture Trustee, the Owner Trustee (at the written direction of the Beneficiary) and the Beneficiary may amend the Trust Agreement so long as such amendment will not have an Adverse Effect and is not reasonably expected to have an Adverse Effect at any time in the future.

  • Application of Trust All money deposited with the Trustee pursuant to Section 12.01 shall be held in trust and, at the written direction of the Issuers, be invested prior to maturity in non-callable U.S. Government Obligations, and applied by the Trustee in accordance with the provisions of the Notes and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest for the payment of which money has been deposited with the Trustee; but such money need not be segregated from other funds except to the extent required by law.

  • Retention of Trust Documents The Trustee is authorized to destroy those documents, records, bills and other data compiled during the term of this Agreement at the times permitted by the laws or regulations governing the Trustee, unless the Sponsor reasonably requests the Trustee in writing to retain those items for a longer period.

  • Declaration of Trust The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Basic Documents. It is the intention of the parties hereto that the Trust constitute a statutory trust under the Statutory Trust Act and that this Agreement constitute the governing instrument of such statutory trust. The Trust is not intended to be a business trust within the meaning of Section 101(9)(A)(v) of the Bankruptcy Code. It is also the intention of the parties hereto that, solely for Federal, state and local income and franchise tax purposes, on and after the Closing Date, (a) so long as the Trust has only one Certificateholder, the Trust shall be disregarded as a separate entity and (b) at such time as the Trust has more than one Certificateholder, the Trust will be treated as a partnership, with the assets of the partnership being the Receivables and other assets held by the Trust, the partners of the partnership being the Certificateholders, and the Notes being non-recourse debt of the partnership. The Depositor (and any future Certificateholder by the purchase of the Trust Certificate will be deemed to have agreed) and the Owner Trustee agree to take no action inconsistent with such tax treatment. The Trust shall not elect to be treated as an association under Treasury Regulations Section 301.7701-3(a). The parties agree that, unless otherwise required by appropriate tax authorities, the sole Certificateholder or the Trust, as applicable, will file or cause to be filed annual or other necessary returns, reports and other forms consistent with the foregoing characterization of the Trust for such tax purposes. Effective as of the date hereof, the Owner Trustee, shall have all rights, powers and duties set forth herein and, to the extent not inconsistent herewith, in the Statutory Trust Act with respect to accomplishing the purposes of the Trust. Any action taken on behalf of the Trust prior to the date hereof with respect to the filing of financing statements, the Certificate of Trust, a qualification to do business in the State of Alabama or any other similar qualification or license in any other state or jurisdiction, if applicable, is hereby ratified.

  • Creation of Trust The Purchaser hereby irrevocably transfers and assigns to the Trustee, and the Trustee hereby accepts the transfer and assignment of, the right to vote and consent for the Purchaser in connection with all of its voting and consent rights and responsibilities as Beneficial Owner of the Subject Shares with respect to the following matters (collectively, the “Voting Matters”):

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