Authorization of Actions to Be Taken by the Trustee Under the Security Documents. Subject to the provisions of Article VII, the Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Trustee to take all actions it determines in order to: (a) enforce any of the terms of the Security Documents and the Intercreditor Agreements; and (b) collect and receive any and all amounts payable in respect of the Notes Obligations. Subject to the provisions of the Security Documents and the Intercreditor Agreements, the Trustee and the Collateral Trustee shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 11.6 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Trustee.
Appears in 1 contract
Samples: Indenture (Unisys Corp)
Authorization of Actions to Be Taken by the Trustee Under the Security Documents. Subject to the provisions terms of Article VIIthe Intercreditor Agreement, the Security Documents Trustee may, in its sole discretion and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Trustee to take all actions it determines deems necessary or appropriate in order to:
to (a) enforce any of the terms of the Security Documents and the Intercreditor Agreements; and
(b) collect and receive any and all amounts payable in respect of the Notes ObligationsObligations of the Company, the Parent and the Guarantor Subsidiaries hereunder and under the Senior Notes, and the Security Documents. Subject to the provisions terms of the Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Trustee shall have the power to institute and to maintain such suits and proceedings as the Trustee it may determine deem expedient to prevent any impairment of the Collateral by any acts which that may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine deem expedient to preserve or protect its interests interest and the interests of the Holders in the Collateral. Nothing in this Section 11.6 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Trustee.
Appears in 1 contract
Samples: Indenture (Kinetek Inc)
Authorization of Actions to Be Taken by the Trustee Under the Security Documents. The Trustee shall act upon the written direction of the Securityholders with regard to all voting, consent and other rights granted to the Securityholders under the Security Documents. Subject to the provisions of Article VIIthe Security Documents, the Security Documents Trustee may, in its sole discretion and the Intercreditor Agreements, the Trustee, without the consent of the HoldersSecurityholders, on behalf of the HoldersSecurityholders, may or may direct the Collateral Trustee to take all actions it determines deems necessary or appropriate in order to:
to (a) enforce any of its rights or any of the terms rights of the Securityholders under the Security Documents and the Intercreditor Agreements; and
(b) collect and receive any and all amounts payable from the Collateral in respect of the Notes Obligationsobligations of the Company and the Subsidiary Guarantors hereunder. Subject to the provisions of the Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Trustee shall have the power to institute and to maintain such suits and proceedings as the Trustee it may determine deem expedient to prevent any impairment of the Collateral by any acts which that may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine deem expedient to preserve or protect its interests interest and the interests of the Holders Securityholders in the Collateral. Nothing in this Section 11.6 shall 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 considered 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 impose any such duty or obligation to act on the part interests of the Trustee Securityholders or the Collateral Trustee).
Appears in 1 contract
Samples: Indenture (Harvard Industries Inc)
Authorization of Actions to Be Taken by the Trustee Under the Security Documents. Subject to the provisions of Article VII7, the Security Documents and the ABL-Notes Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Trustee to take all actions it determines in order to:
(a) enforce any of the terms of the Security Documents and the Intercreditor AgreementsDocuments; and
(b) collect and receive any and all amounts payable in respect of the Notes ObligationsObligations hereunder. Subject to the provisions of the Security Documents and the ABL-Notes Intercreditor AgreementsAgreement, the Trustee and the Collateral Trustee shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 11.6 11.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Trustee.
Appears in 1 contract
Samples: Indenture (Unisys Corp)