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

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents. Subject to the provisions of Sections 7.1 and 7.2 hereof and the Intercreditor Agreement, the Trustee may, without the consent of the Holders of Senior Notes, direct, on behalf of the Holders of Senior 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 Company hereunder. Subject to 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 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: Execution (Mariner Health Care Inc), Indenture (Mariner Post Acute Network Inc)

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Authorization of Actions to Be Taken by the Trustee. Under the Collateral DocumentsPledge Agreement. Subject to the provisions of Sections 7.1 Section 7.01 and 7.2 hereof and the Intercreditor Agreement7.02 hereof, 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 (a) enforce any of the terms of the Collateral Documents Pledge Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. Subject to the Intercreditor Agreement, the The Trustee shall 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 Pledge Agreement 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 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 Senior Notes or of the Trustee).

Appears in 2 contracts

Samples: Pledge and Security Agreement (Unwired Telecom Corp), Indenture (Centennial Communications Corp)

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents. Subject to the provisions of Sections 7.1 and 7.2 hereof and the Intercreditor Agreement, the (a) The Trustee may, without the consent of the Holders of Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to may take all actions it deems necessary or appropriate in order to (aenforce or exercise its rights under each Series Supplement in accordance with and subject to the provisions thereof and hereof and, subject to the provisions of Section 11.03(e) of this Master Agreement, shall take action in order to enforce any of or exercise such rights under a Series Supplement in accordance with the terms of such Series Supplement and subject to the Collateral Documents and (b) collect and receive any and all amounts payable in respect limitations therein, upon the written direction of the Obligations holders of such amount of the Company hereunderNotes of such Series as shall be provided in the Series Supplement. Subject to the Intercreditor Agreementprovisions thereof and hereof, 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 related Series Trust Estate by any acts that which may be unlawful or in violation of the Collateral Documents related Series Supplement or this IndentureMaster Agreement, 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 the related Notes in the Collateral related Series Trust Estate (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).or

Appears in 1 contract

Samples: Master Facility Agreement (Advanta Business Services Corp)

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents------------------------------------------------------------- Pledge Agreement. ---------------- Subject to the provisions of Sections 7.1 and 7.2 hereof and the Intercreditor Pledge Agreement, (a) the Trustee may, in its sole discretion and without the consent of the Holders of Senior NotesHolders, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents Pledge Agreement and (bii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. Subject to the Intercreditor Agreement, hereunder and (b) 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 Pledged Collateral by any acts act that may be unlawful or in violation of the Collateral Documents Pledge Agreement 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 Pledged Collateral (including the 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 thereunder or be prejudicial to the interests of the Holders of Senior Notes or of the Trustee.).

Appears in 1 contract

Samples: New Millennium Homes LLC

Authorization of Actions to Be Taken by the Trustee. Under the Collateral DocumentsUNDER THE PLEDGE AGREEMENT. Subject to the provisions of Sections 7.1 Section 7.01 and 7.2 hereof and the Intercreditor Agreement7.02 hereof, 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 (a) enforce any of the terms of the Collateral Documents Pledge Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. Subject to the Intercreditor Agreement, the The Trustee shall 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 Pledge Agreement 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 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 Senior Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Hyperion Telecommunications Inc)

Authorization of Actions to Be Taken by the Trustee. Under the Collateral DocumentsEscrow Agreement. Subject to the provisions of Sections 7.1 Section 6.01 and 7.2 hereof and the Intercreditor AgreementSection 6.03, the Trustee may, without the consent of the Holders of Senior Notes, directSecurities, on behalf of the Holders of Senior NotesSecurities, 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 Escrow Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. Subject to the Intercreditor Agreement, the 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 Escrow Agreement 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 Securities or of the Trustee).

Appears in 1 contract

Samples: Optel Inc

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents. Subject to the provisions of Sections 7.1 and 7.2 hereof and the Intercreditor Agreement, the Trustee may, without the consent of the Holders of Senior Notes, direct, on behalf of the Holders of Senior 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 Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. Subject to the Intercreditor Agreement, 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 Senior Notes Collateral by any acts that which may be unlawful or in violation of the Collateral Security Documents and the Intercreditor Agreement, or this Indenture, and such 112 suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of in the 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 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 interest of the Holders of Senior Notes or of the Trustee).. Notwithstanding anything herein or in any of the Security Documents to the contrary, subject to Article VI hereof, the Trustee assumes no responsibility for the validity, perfection, priority or enforceability of the security interest in any of the Senior Notes Collateral and shall have no obligation to take any action to procure or maintain such validity, perfection, priority or enforceability. * * * * 113

Appears in 1 contract

Samples: Indenture (Hollinger Inc)

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Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents. Subject to the provisions of Sections 7.1 Section 7.01, 7.02 and 7.2 hereof and the Intercreditor Agreement7.13 hereof, 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 take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Documents, the FF&E Collateral Intercreditor Agreement or the Pari Passu Collateral Intercreditor Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers hereunder. Subject , including but not limited to the Intercreditor Agreement, appointment and approval of collateral agents and the appointment and approval 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 Documents, the FF&E Collateral Intercreditor Agreement, the Pari Passu Collateral Intercreditor Agreement 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

Samples: Shreveport Capital Corp

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents. Subject to the provisions of Sections 7.1 and 7.2 hereof and the Intercreditor Agreement, the Documents The Trustee may, in its sole discretion and without the consent of the Holders of Senior Notes, directDebentures, on behalf of the Holders of Senior NotesDebentures, 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 Company Issuers and Holdings hereunder. Subject to the Intercreditor Agreement, the 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 Senior Notes Debentures 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 Debentures or of the Trustee).

Appears in 1 contract

Samples: Foamex International Inc

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Documents. (a) Subject to the provisions of Sections 7.1 and 7.2 hereof and the Intercreditor Agreementhereof, the Trustee may, without upon the consent written direction of the Holders of Senior Notes, directmajority in principal amount of the Notes then outstanding may, on behalf of the Holders of Senior such Notes, the Collateral Agent to take all actions it deems necessary or appropriate as so directed in order to (ai) enforce any of the terms of the Collateral Security Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. Subject to the Intercreditor Agreement, the 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 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 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 under the Security Documents or be prejudicial to the interests of the Holders of Senior Notes or interest of the Trustee).

Appears in 1 contract

Samples: Execution Copy (Preem Holdings Ab Publ)

Authorization of Actions to Be Taken by the Trustee. Under the Collateral Security Documents. ------------------------------------------- Subject to the provisions of Sections 7.1 Section 7.01 and 7.2 hereof and the Intercreditor Agreement7.02 hereof, 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 take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunderObligations. Subject to the Intercreditor Agreement, the The Trustee shall 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 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 of Senior 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 Senior Notes or of the Trustee).

Appears in 1 contract

Samples: Sterling Chemical Inc

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