Common use of Conflicting Claims Clause in Contracts

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If Without limiting the Trust Indenture, if conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 20172016-A or TCPL Exchange Deferral Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 20172016-A or TCPL Exchange Deferral Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Indenture Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Indenture Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Indenture Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Indenture Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Indenture Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Indenture Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Indenture Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If Without limiting the Trust Indenture, if conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 20172019-A or TCPL Exchange Deferral Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 20172019-A or TCPL Exchange Deferral Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Indenture Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Indenture Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Indenture Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Indenture Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Indenture Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Indenture Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Indenture Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If Without limiting the Trust Indenture, if conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 20172015-A or TCPL Exchange Deferral Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 20172015-A or TCPL Exchange Deferral Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Indenture Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Indenture Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Indenture Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Indenture Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Indenture Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Indenture Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Indenture Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 20172019-A or TCPL Exchange Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 20172019-A or TCPL Exchange Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 20172015-A or TCPL Exchange Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 20172015-A or TCPL Exchange Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If Without limiting the Trust Indenture, if conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Deferral Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Deferral Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Indenture Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Indenture Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Indenture Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Indenture Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Indenture Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Indenture Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Indenture Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 20172016-A or TCPL Exchange Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 20172016-A or TCPL Exchange Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Company Equity Participant in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Indemnity Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Company Equity Participant in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Indemnity Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee Escrow Agent shall be entitled, at its sole discretion, to refuse to recognize recognize-or to comply with any such claim or demand. In so refusing, the Exchange Trustee Escrow Agent may elect not to exercise any rights Voting Rights, subject to such conflicting claims or demands and, in so doing, the Exchange Trustee Escrow Agent shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee Escrow Agent shall be entitled to continue to refrain from acting and to refuse to act until: (a) : the rights of all adverse claimants or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) or all differences or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee Escrow Agent shall have been furnished with an executed copy of such agreement. If the Exchange Trustee Escrow Agent elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee Escrow Agent as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights Voting Rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been adjudicated by a final judgment judgement of a court of competent jurisdiction; or (b) all differences or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Non-Affiliated Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Non-Affiliated Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any the Exchange Right or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Exchange Right or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Exchange Right or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety surety, bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Shareholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Shareholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights Insolvency Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, and in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Insolvency Exchange Right or other rights Automatic Exchange Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Insolvency Exchange Right or other rights Automatic Exchange Rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee may elect not to exercise any rights deliver the Vivendi ADSs for which such Exchangeable Shares are exchangeable subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Exchange Right or other rights Automatic Exchange Right subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; ordemands (b) all differences with respect to the Exchange Right or other rights Automatic Exchange Right subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreementagreement certified to be in full force and effect. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee may elect not to exercise any rights Voting Rights, subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights with respect to the Voting Rights, subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreementagreement certified to be in full force and effect. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Duke Energy Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Duke Energy Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Duke Energy Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Duke Energy Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee may elect not to exercise any rights Duke Energy Voting Rights, Duke Energy Exchange Right or Duke Energy Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Duke Energy Voting Rights, Duke Energy Exchange Right or other rights Duke Energy Automatic Exchange Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdictionjurisdiction and all rights of appeal have expired; or (b) all differences with respect to the Duke Energy Voting Rights, Duke Energy Exchange Right or other rights Duke Energy Automatic Exchange Rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreementagreement certified to be in full force and effect. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Stockholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Dividend Access Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Stockholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Dividend Access Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any Voting Rights or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Voting Rights or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Voting Rights or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. (a) If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at in its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee may elect not to exercise any Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (ai) the rights of all adverse claimants with respect to the Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdictionjurisdiction and all rights of appeal have expired; or (bii) all differences with respect to the Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. agreement certified to be in full force and effect. (b) If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Company Equity Participant in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Indemnity Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Company Equity Participant in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Indemnity Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee Escrow Agent shall be entitled, at its sole discretion, to refuse to recognize recognize—or to comply with any such claim or demand. In so refusing, the Exchange Trustee Escrow Agent may elect not to exercise any rights Voting Rights, subject to such conflicting claims or demands and, in so doing, the Exchange Trustee Escrow Agent shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee Escrow Agent shall be entitled to continue to refrain from acting and to refuse to act until: (a) : the rights of all adverse claimants or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) or all differences or other rights with respect to the Voting Rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee Escrow Agent shall have been furnished with an executed copy of such agreement. If the Exchange Trustee Escrow Agent elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee Escrow Agent as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — – Series 20172022-A or TCPL Exchange Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — – Series 20172022-A or TCPL Exchange Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If Without limiting the Trust Indenture, if conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — – Series 20172022-A or TCPL Exchange Deferral Preferred Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — – Series 20172022-A or TCPL Exchange Deferral Preferred Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Indenture Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Indenture Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Indenture Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Indenture Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Indenture Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Indenture Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Indenture Trustee as it may deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. (a) If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at in its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee may elect not to exercise any Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (ai) the rights of all adverse claimants with respect to the Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment judgement of a court of competent jurisdictionjurisdiction and all rights of appeal have expired; or (bii) all differences with respect to the Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreementagreement certified to be in full force and effect. WSLegal\073132\00009\12677454v12 (b) If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or and other security satisfactory to the Exchange Trustee as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Vendor in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Vendor in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee Agent shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee Agent may elect not to exercise any rights Voting Rights, Ancillary Rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee Agent shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee Agent shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Voting Rights or other rights Ancillary Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Voting Rights or other rights Ancillary Rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee Agent shall have been furnished with an executed copy of such agreementagreement certified to be in full force and effect. If the Exchange Trustee Agent elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee Agent as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If any conflicting claims or demands are made or asserted with respect to any interest of any Holder in any certain Liquidating Trust Notes — Series 2017-A Interests, or TCPL Exchange Preferred Shares, including if there is any disagreement between the transferees, assignees, heirs, representatives, successors representatives or assigns legatees succeeding to all or any part of the interest Liquidating Trust Interests of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Beneficiary resulting in conflicting adverse claims or demands being made in connection with such interestLiquidating Trust Interests, then then, in any of such events, the Exchange Trustee Trustees shall be entitled, at its their sole discretionelection, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee In so refusing, the Trustees may elect not to make any payment or distribution with respect to such Liquidating Trust Interests, or to make such payment to a court of competent jurisdiction or an escrow agent, and in so doing, none of the Trustees shall be entitled or become liable to continue any of such parties for their failure or refusal to refrain from acting and to refuse to act until: (a) the rights comply with any of all adverse claimants or other rights subject to such conflicting claims or demands or to take any other action with respect thereto, nor shall the Trustees be liable for interest on any funds which they may so withhold. Notwithstanding anything to the contrary set forth in this Section 3.3, the Trustees shall be entitled to refrain and refuse to act until either (i) the rights of the adverse claimants have been adjudicated by a final judgment of a court of competent jurisdiction; or , (bii) all differences or other rights subject to such conflicting claims or demands have been conclusively settled adjusted by a valid written agreement binding on between all of such adverse claimantsparties, and the Exchange Trustee Trustees shall have been furnished with an executed copy counterpart of such agreement. If agreement or (iii) there is furnished to the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such Trustees a surety bond or other security satisfactory to the Exchange Trustee Trustees, as it may they shall deem appropriate appropriate, to fully indemnify it the Trustees as between all conflicting claims or demands.

Conflicting Claims. (a) If conflicting claims or demands are made or asserted with respect to any interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Beneficiary in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Shares Exchangeable Shares, resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at in its sole discretion, to refuse to recognize or to comply with any such claim claims or demanddemands. In so refusing, the Exchange Trustee may elect not to exercise any Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (ai) the rights of all adverse claimants with respect to the Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment judgement of a court of competent jurisdictionjurisdiction and all rights of appeal have expired; or (bii) all differences with respect to the Voting Rights, Exchange Right, Automatic Exchange Right or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. agreement certified to be in full force and effect. (b) If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Exchangeable Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any rights Exchange Right or Automatic Exchange Rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Exchange Right or other rights Automatic Exchange Rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Exchange Right or other rights Automatic Exchange Right subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Stockholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Dividend Access Shares, including any 129 - 15 - disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Stockholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Dividend Access Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee Depositary shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee Depositary may elect not to exercise any Voting Rights or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee Depositary shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee Depositary shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Voting Rights or other rights subject to such conflicting claims or demands have been adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Voting Rights or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee Depositary shall have been furnished with an executed copy of such agreement. If the Exchange Trustee Depositary elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee Depositary as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.

Conflicting Claims. If conflicting claims or demands are made or asserted with respect to any interest of any Holder Stockholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Dividend Access Shares, including any disagreement between the heirs, representatives, successors or assigns succeeding to all or any part of the interest of any Holder Stockholder in any Trust Notes — Series 2017-A or TCPL Exchange Preferred Dividend Access Shares resulting in conflicting claims or demands being made in connection with such interest, then the Exchange Trustee shall be entitled, at its sole discretion, to refuse to recognize or to comply with any such claim or demand. In so refusing, the Exchange Trustee may elect not to exercise any Voting Rights or other rights subject to such conflicting claims or demands and, in so doing, the Exchange Trustee shall not be or become liable to any Person person on account of such election or its failure or refusal to comply with any such conflicting claims or demands. The Exchange Trustee shall be entitled to continue to refrain from acting and to refuse to act until: (a) the rights of all adverse claimants with respect to the Voting Rights or other rights subject to such conflicting claims or demands have been 161 adjudicated by a final judgment of a court of competent jurisdiction; or (b) all differences with respect to the Voting Rights or other rights subject to such conflicting claims or demands have been conclusively settled by a valid written agreement binding on all such adverse claimants, and the Exchange Trustee shall have been furnished with an executed copy of such agreement. If the Exchange Trustee elects to recognize any claim or comply with any demand made by any such adverse claimant, it may in its discretion require such claimant to furnish such surety bond or other security satisfactory to the Exchange Trustee as it may shall deem appropriate fully to fully indemnify it as between all conflicting claims or demands.