Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Collateral Documents; and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral Documents. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 5 contracts
Samples: Indenture (Wynn Las Vegas LLC), Indenture (Wynn Las Vegas LLC), Indenture (Wynn Las Vegas LLC)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 and 10.01(b) 7.12 hereof, the Intercreditor Agreement Trustee may (but shall not be obligated to, and the Collateral Documents, the Trustee mayshall have no liability for failure to), in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder, including, but not limited to, the appointment and approval of collateral agents and the Guarantors hereunder appointment and under the Collateral Documentsapproval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 4 contracts
Samples: Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 hereof and 10.01(b) hereof, the Intercreditor Agreement and provisions of the Collateral Documents, the Trustee maymay in the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of NotesNotes subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company and the Guarantors hereunder and under the Collateral Documentshereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 4 contracts
Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of NotesHolders, directand shall, on behalf of upon Required Consent from the Holders of NotesHolders, direct the Collateral Agent to, to take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect collect, receive and receive distribute any and all amounts payable in respect of the Obligations obligations of the Issuers Company and the Guarantors hereunder and under hereunder, subject to the Collateral Documentsterms of the Intercreditor Agreement. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 3 contracts
Samples: Indenture (Nii Holdings Cayman LTD), Indenture (Nii Holdings Inc), Indenture (Nii Holdings Cayman LTD)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 Security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections Section 7.01, 7.02 and 10.01(b) 7.13 hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder, including but not limited to the appointment and approval of collateral agents and the Guarantors hereunder appointment and under the Collateral Documentsapproval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 2 contracts
Samples: Amended and Restated Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 hereof and 10.01(b) hereof, the Intercreditor Agreement and provisions of the Collateral Documents, the Trustee maymay in the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of NotesNotes subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral Documentshereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (Comdisco Inc), Indenture (Comdisco Holding Co Inc)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 7.1 and 10.01(b) hereof, the Intercreditor Agreement 7.2 hereof and the Collateral DocumentsTrust Agreement, the Trustee may, in its sole discretion and without the consent of the Holders of Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under Company hereunder. Subject to the Collateral Documents. The Trust Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Senior Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to compliance with any applicable Gaming Laws and to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral DocumentsAgreement, the Trustee may, in its sole discretion and without the consent of the Holders holders of Outstanding Notes, direct, on behalf of the Holders holders of Outstanding Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and Company hereunder. Subject to the Guarantors hereunder and under provisions of the Collateral Documents. The Intercreditor Agreement, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders holders of Outstanding Notes in the Collateral (including 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 rule, or order would impair the security interest hereunder or be prejudicial to the interests of the Holders holders of Outstanding Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (MGM Mirage), Indenture (MGM Mirage)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (Stratosphere Leasing, LLC), Indenture (American Real Estate Partners L P)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the The Trustee may, in its sole discretion and without the consent of the Holders of NotesHolders, take all actions or direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, Trustee or any Co-Collateral Trustee or separate Collateral Trustee to take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers company under this Article XI. Subject to the provisions of this Agreement and the Guarantors hereunder and under other Security Documents, the Collateral Documents. The Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that which may be unlawful or in violation of the Collateral Security Documents or this IndentureAgreement, and such suits and proceedings as the Trustee it may deem expedient to preserve or protect its interests interest and the interests of the Holders of Notes in the Collateral (including 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, of or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the TrusteeCollateral Trustee in any such capacity).
Appears in 2 contracts
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 Section 8.01 and 10.01(b) 8.02 hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, take, or direct the Collateral Agent toto take, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee and the Collateral Agent shall each have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Pledged Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Pledged Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement hereof and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral Documents. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 2 contracts
Samples: Indenture (Wynn Las Vegas LLC), Indenture (Wynn Resorts LTD)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 7.1 and 10.01(b) hereof, the Intercreditor Agreement 7.2 hereof and the Collateral DocumentsTrust Agreement, the Trustee may, in its sole discretion and without the consent of the Holders of Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, Trustee to take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under Company hereunder. Subject to the Collateral Documents. The Trust Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Senior Notes or of the Trustee).
Appears in 1 contract
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsAuthority hereunder. The Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Chukchansi Economic Development Authority)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 7.01 and 10.01(b) hereof7.02, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Revel and the Guarantors hereunder and under the Collateral Documents. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject Each Holder, by acceptance of a Security, authorizes and directs the Trustee to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and enter into the Collateral Documents, the . The Trustee may, in its sole discretion and without the consent of the Holders of Notes, directHolders, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Ultimate Electronics Inc)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement hereof and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral Documents. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Wynn Las Vegas LLC)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Riviera Holdings Corp)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 Section 7.01 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents7.02, the Trustee maymay (but shall have no obligation to do so), in its sole discretion and without the consent of the Holders of NotesHolders, direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsIssuer hereunder. The Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Intl Fcstone Inc.)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement hereof and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Issuers, the Guarantors and the Guarantors Parent Guarantor hereunder and under the Collateral Documents. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 Section 5.12 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documentscompliance with any applicable Gaming Laws, the Trustee may, in its sole discretion and without the consent of the Holders holders of Outstanding Notes, direct, on behalf of the Holders holders of Outstanding Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall have the power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders holders of Outstanding Notes in the Collateral (including 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 rule, or order would impair the security interest hereunder or be prejudicial to the interests of the Holders holders of Outstanding Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (MGM Grand Inc)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 Section 7.01 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents7.02, the Trustee may, in its sole discretion and without the consent of the Holders of NotesHolders, direct, on behalf of the Holders of NotesHolders, the Collateral Agent Agents to, take all actions it deems necessary or appropriate in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Azure Power Global LTD)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 hereof and 10.01(b) hereof, to the Intercreditor Agreement and terms of the Collateral DocumentsAgency Agreement, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and Company hereunder. Subject to the Guarantors hereunder and under terms of the Collateral Documents. The Agency Agreement, the Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the The Trustee maymay (without obligation), in its sole discretion and without the consent of the Holders of NotesHolders, direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall will have power (without obligation) to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Azure Power Global LTD)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and or the Guarantors hereunder and or under the Collateral DocumentsNote Guarantees. The Trustee shall Trustee, or the Collateral Agent at the Trustee’s direction, will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the any Collateral Documents Document or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (Great Wolf Resorts, Inc.)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the The Trustee may, in its sole discretion and without the consent of the Holders of Notes, directSecurityholders, on behalf of the Holders of Notes, the Collateral Agent toSecurityholders, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company and the Subsidiary Guarantors hereunder and under the Collateral Documentshereunder. The Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes Securityholders in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes Securityholders or of the Trustee).
Appears in 1 contract
Samples: Indenture (Mentus Media Corp)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the The Trustee may, in its sole discretion and without the consent of the Holders of Notes, directSecurityholders, on behalf of the Holders of Notes, the Collateral Agent toSecurityholders, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Subsidiary Guarantors hereunder and under the Collateral Documentshereunder. The Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes Securityholders in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes Securityholders or of the Trustee).
Appears in 1 contract
Samples: Indenture (Resort Investment LLC)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 7.1 and 10.01(b) hereof, 7.2 hereof and the Intercreditor Agreement and the Collateral DocumentsAgreement, the Trustee may, in its sole discretion and without the consent of the Holders of Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and Company hereunder. Subject to the Guarantors hereunder and under Intercreditor Agreement, the Collateral Documents. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Senior Notes or of the Trustee).
Appears in 1 contract
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to compliance with any applicable Gaming Laws and to the provisions of Sections 7.01, 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral DocumentsAgreement, the Trustee may, in its sole discretion and without the consent of the Holders of Outstanding Notes, direct, on behalf of the Holders of Outstanding Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and Company hereunder. Subject to the Guarantors hereunder and under provisions of the Collateral Documents. The Intercreditor Agreement, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders of Outstanding Notes in the Collateral (including 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 rule, or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Outstanding Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (MGM Mirage)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
to (ai) enforce any of the terms of the Collateral Documents; and
Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment impair-ment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, Section 7.01 and 7.02 and 10.01(b) hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee maymay (but shall have no obligation to do so), in its sole discretion and without the consent of the Holders of Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to:
(a1) enforce any of the terms of the Collateral Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract
Samples: Indenture (KCG Holdings, Inc.)
Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Sections 7.01, 7.02 Section 8.01 and 10.01(b) Section 8.02 hereof, the Intercreditor Agreement and the Collateral Documents, the Trustee may, in its sole discretion and without at the consent written direction of the Holders of Notes, directMajority Holders, on behalf of the Holders of Notes, take, or direct the Collateral Agent toto take, take all actions it deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Collateral Documents; and
Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers and the Guarantors hereunder and under the Collateral DocumentsCompany hereunder. The Trustee and the Collateral Agent shall each have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Pledged Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Pledged Collateral (including 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 interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).
Appears in 1 contract