Common use of Authorization of Actions to Be Taken by the Trustee Under the Security Documents Clause in Contracts

Authorization of Actions to Be Taken by the Trustee Under the Security Documents. The Trustee may, in its sole discretion and without the consent of the Holders, but subject to Article VII and the terms of the Intercreditor Agreement, take all actions it deems necessary or appropriate in order to enforce or effect the Security Documents. Such actions shall include, but not be limited to, enforcing or effecting any term or provision of the Security Documents or advising, instructing or otherwise directing the collateral agent or other appropriate Person under any Intercreditor Agreement with respect to the enforcement of any right or remedy with respect to Collateral and/or any term or provision of the Security Documents. Subject to the provisions of the Security Documents (and the Intercreditor Agreement), 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 which may be unlawful or in violation of the Security 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 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 hereunder or be prejudicial to the interests of the Holders or of the Trustee). In addition, the Trustee may act upon any Subordination Request or Release Request by the Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) on behalf of the Company.

Authorization of Actions to Be Taken by the Trustee Under the Security Documents. The Trustee may, in its sole discretion and without the consent of the Holders, but subject to Article VII and the terms of the Intercreditor Agreement, take all actions it deems necessary or appropriate in order to enforce or effect the Security Documents. Such actions shall include, but not be limited to, enforcing or effecting any term or provision of the Security Documents or advising, instructing or otherwise directing the collateral agent or other appropriate Person under any Intercreditor Agreement with respect to the enforcement of any right or remedy with respect to Collateral and/or any term or provision of the Security Documents. Subject to the provisions of the Security Documents (and the Intercreditor Agreement), 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 which may be unlawful or in violation of the Security 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 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 hereunder or be prejudicial to the interests of the Holders or of the 75 83 Trustee). In addition, the Trustee may act upon any Subordination Request or Release Request by the Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) on behalf of the Company.

Authorization of Actions to Be Taken by the Trustee Under the Security Documents. The Trustee may, in its sole discretion and without the consent of the Holders, but subject to Article VII and the terms of the Intercreditor AgreementAgreements, take all actions it deems necessary or appropriate in order to enforce or effect the Security Documents. Such actions shall include, but not be limited to, enforcing or effecting any term or provision of the Security Documents or advising, instructing or otherwise directing the collateral agent or other appropriate Person under any Intercreditor Agreement with respect to the enforcement of any right or remedy with respect to Collateral and/or any term or provision of the Security Documents. Subject to the provisions of the Security Documents (and the Intercreditor AgreementAgreements), 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 which may be unlawful or in violation of the Security 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 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 hereunder or be prejudicial to the interests of the Holders or of the Trustee). In addition, the Trustee may act upon any Subordination Request or Release Request by the Company (or with respect to any Security Documents, the grantor of the Security Interest thereunder) on behalf of the Company.Subordination

Authorization of Actions to Be Taken by the Trustee Under the Security Documents. The Trustee maymay (but shall not be obligated to), in its sole discretion and without the consent of the Holders, but subject to Article VII and the terms Holders of the Intercreditor AgreementSecurities, take all actions it deems necessary or appropriate in order to (a) enforce or effect the Security DocumentsDocuments and (b) collect and receive any and all amounts payable in respect of the obligations of the Issuers hereunder. Such actions shall include, but not be limited to, enforcing or effecting any term or provision of the Security Documents or advising, instructing or otherwise directing the collateral any agent appointed by it in connection with enforcing or other appropriate Person under any Intercreditor Agreement with respect to the enforcement of any right or remedy with respect to Collateral and/or effecting any term or provision of the Security Documents. Subject to the provisions of the Security Documents (and the Intercreditor Agreement)this Indenture, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient ex- pedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of the Security 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 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 hereunder or be prejudicial to the interests of the Holders of Securities or of the Trustee). In additionExcept as otherwise expressly provided in this Indenture, the Trustee may act upon shall not be obligated to take any Subordination Request action with respect to the exercise of any rights or Release Request by remedies, or to inquire into or give any notice of default, under the Company (Security Documents or with respect to any the creation, perfection or preservation of the security interest in the Collateral granted by the Security Documents, the grantor of the Security Interest thereunder) on behalf of the Company.

Authorization of Actions to Be Taken by the Trustee Under the Security Documents. The Trustee may, in its sole discretion and without the consent of the Holders, but subject to Article VII and the terms of the Intercreditor AgreementVII, take all actions it deems necessary or appropriate in order to (a) enforce or effect the Security Documents and (b) collect and receive any and all amounts payable in respect of the obligations of the Company hereunder in accordance with and to the extent provided in the Security Documents. Such actions shall include, but not be limited to, enforcing or effecting any term or provision of the Security Documents or advising, instructing or otherwise directing the collateral agent or other appropriate Person under any Intercreditor Agreement with respect to the enforcement of any right or remedy with respect to Collateral and/or any term or provision of the Security Documents. Subject to the provisions of the Security Documents (and the Intercreditor Agreement)Documents, 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 which may be unlawful or in violation of the Security 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 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 -83- 91 hereunder or be prejudicial to the interests of the Holders or of the Trustee). In addition, the Trustee may act upon any Subordination Request or Release Request by the Company (or with respect to any Security Documents, the grantor of the Security Interest security interest thereunder) on behalf of the Company.