Common use of Authorization of Actions To Be 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, on behalf of the Holders, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors, if any, hereunder, in each case, subject to the provisions of Article 11 of this Indenture. 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 Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interest 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 interest hereunder or be prejudicial to the interests of the Holders or the Trustee) in each case, subject to the provisions of Article 11 of this Indenture. In connection with acting as mortgagee under the Mortgages, the Trustee may appoint a co-trustee in any jurisdiction where realty of the Company subject to the Mortgages is located, if required by applicable law. Such co-trustee shall be appointed solely to act as mortgagee, and the trustee shall not be responsible for the acts or omissions of any co-trustee provided such co-trustee was selected with due care. The co-trustee may be an affiliate of the trustee.

Authorization of Actions To Be. TAKEN BY THE TRUSTEE UNDER THE SECURITY OPERATIVE DOCUMENTS. The Trustee (in its capacities as such or, if it is acting as such, as a Collateral Agent) may, in its sole discretion and without the consent of the Holders, on behalf of the HoldersNoteholders, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Security Operative Documents and the Support Documents and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company and the Guarantors, if any, hereunder, in each case, subject . Subject to the provisions of Article 11 of this Indenture. The , the other Operative Documents and the Support Documents, the Trustee (in such capacities) 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 which may be unlawful or in violation of the Security other Operative Documents or this Indenture, and such suits and proceedings as the Trustee it may deem expedient to preserve or protect its interest and the interests of the Holders Noteholders 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 Noteholders or the Trustee) in each case, subject to the provisions of Article 11 of this Indenture. In connection with acting as mortgagee under the Mortgages, the Trustee may appoint a co-trustee in any jurisdiction where realty of the Company subject to the Mortgages is located, if required by applicable law. Such co-trustee shall be appointed solely to act as mortgagee, and the trustee shall not be responsible for the acts or omissions of any co-trustee provided such co-trustee was selected with due care. The co-trustee may be an affiliate of the trusteecapacity).

Authorization of Actions To Be. TAKEN BY THE TRUSTEE UNDER THE SECURITY DOCUMENTSPLEDGE AGREEMENTS. The Subject to the provisions of Section 7.01 and 7.02 hereof, the Trustee maymay in the case of an Event of Default, in its sole discretion and without the consent of the HoldersHolders of Bonds (subject to Section 6.05), direct, on behalf of the HoldersHolders of Bonds, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Security Documents Pledge Agreements and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company Company, NE LP and the Guarantors, if any, NE LLC hereunder, in each case, subject to the provisions of Article 11 of this Indenture. 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 Pledged Collateral by any acts that may be unlawful or in violation of the Security Documents Pledge Agreements or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interest interests and the interests of the Holders of Bonds 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 Bonds or of the Trustee) in each case, subject to the provisions of Article 11 of this Indenture. In connection with acting as mortgagee under the Mortgages, the Trustee may appoint a co-trustee in any jurisdiction where realty of the Company subject to the Mortgages is located, if required by applicable law. Such co-trustee shall be appointed solely to act as mortgagee, and the trustee shall not be responsible for the acts or omissions of any co-trustee provided such co-trustee was selected with due care. The co-trustee may be an affiliate of the trustee).

Authorization of Actions To Be. TAKEN BY THE TRUSTEE UNDER THE SECURITY DOCUMENTSTaken by the Trustee Under the Collateral Agreements. The Subject to the provisions of the applicable Collateral Agreements and the Intercreditor Agreement, (a) the Trustee and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (ai) enforce any of the terms of the Security Documents Collateral Agreements and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder, and (b) the Trustee and the Guarantors, if any, hereunder, in each case, subject to the provisions of Article 11 of this Indenture. The Trustee Collateral Agent shall have the power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Security Documents Collateral Agreements or this Indenture, and such suits and proceedings as the Trustee and the Collateral Agent may deem expedient to preserve or protect its interest their interests and the interests of the Holders in the 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 or the Trustee) in each case, subject to the provisions of Article 11 of this Indenture. In connection with acting as mortgagee under the MortgagesHolders, the Trustee may appoint a co-trustee in any jurisdiction where realty or the Collateral Agent). Notwithstanding the foregoing, the Trustee may, at the expense of the Company subject to Company, request the Mortgages is located, if required by applicable law. Such co-trustee shall be appointed solely to act as mortgagee, and the trustee shall not be responsible for the acts or omissions of any co-trustee provided such co-trustee was selected with due care. The co-trustee may be an affiliate direction of the trusteeHolders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the Outstanding Notes, shall take such actions.

Authorization of Actions To Be. TAKEN BY THE TRUSTEE UNDER THE SECURITY DOCUMENTSTaken by the Trustee Under the Collateral Agreements. The Subject to the provisions of the applicable Collateral Agreements and the Intercreditor Agreement, (a) the Trustee and the Collateral Agent will execute and deliver the Collateral Agreements and the Intercreditor Agreement and act in accordance with the terms thereof, (b) the Trustee and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (ai) enforce any of the terms of the Security Documents Collateral Agreements and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder, and (c) the Trustee and the Guarantors, if any, hereunder, in each case, subject to the provisions of Article 11 of this Indenture. The Trustee Collateral Agent shall have the power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Security Documents Collateral Agreements or this Indenture, and such suits and proceedings as the Trustee and the Collateral Agent may deem expedient to preserve or protect its interest their interests and the interests of the Holders in the 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 or the Trustee) in each case, subject to the provisions of Article 11 of this Indenture. In connection with acting as mortgagee under the MortgagesHolders, the Trustee may appoint a co-trustee in any jurisdiction where realty or the Collateral Agent). Notwithstanding the foregoing, the Trustee may, at the expense of the Company subject to Company, request the Mortgages is located, if required by applicable law. Such co-trustee shall be appointed solely to act as mortgagee, and the trustee shall not be responsible for the acts or omissions of any co-trustee provided such co-trustee was selected with due care. The co-trustee may be an affiliate direction of the trusteeHolders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the Outstanding Notes, shall take such actions.

Authorization of Actions To Be. TAKEN BY THE TRUSTEE UNDER THE SECURITY DOCUMENTSTaken by the Trustee Under the Collateral Agreements. The Subject to the provisions of the applicable Collateral Agreements and the Intercreditor Agreement, (a) the Trustee shall execute and deliver the Collateral Agreements and the Intercreditor Agreement and act in accordance with the terms thereof, (b) the Trustee may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Security Documents Collateral Agreements and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers and the GuarantorsGuarantors hereunder and under the Notes, if any, hereunder, in each case, subject to the provisions of Article 11 of this Indenture. The Guarantees and the Collateral Agreements and (c) 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 act that may be unlawful or in violation of the Security Documents Collateral Agreements or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interest interests and the interests of the Holders in the 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 or the Trustee) in each case, subject to ). Notwithstanding the provisions of Article 11 of this Indenture. In connection with acting as mortgagee under the Mortgagesforegoing, the Trustee may appoint a co-trustee in any jurisdiction where realty may, at the expense of the Company subject to Issuers, request the Mortgages is located, if required by applicable law. Such co-trustee shall be appointed solely to act as mortgagee, and the trustee shall not be responsible for the acts or omissions of any co-trustee provided such co-trustee was selected with due care. The co-trustee may be an affiliate direction of the trusteeHolders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes, shall take such actions.