Common use of Control by Certificateholders Clause in Contracts

Control by Certificateholders. Subject to Section 6.03 and any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such Trust or pursuant to the terms of such Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such Intercreditor Agreement, including any right of the Trustee as Controlling Party under such Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; provided, however, that (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such Trust or pursuant to the terms of such any Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such any Intercreditor Agreement, including any right of the Trustee as Controlling Party under such any Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; providedNotes, however, provided that (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such Trust or pursuant to the terms of such Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such Intercreditor Agreement, including any right of the Trustee as Controlling Party under such Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; provided, however, that (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense,; (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, ; and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such Trust or pursuant to the terms of such any Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such any Intercreditor Agreement, including any right of the Trustee as Controlling Party under such any Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; providedNotes, however, PROVIDED that (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any the related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such the Trust or pursuant to the terms of such the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such the Intercreditor Agreement, including any right of the Trustee as Controlling Party under such Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; provided, however, that (1a) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2b) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related the Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such the Trust or pursuant to the terms of such the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such the Intercreditor Agreement, including any right of the Trustee as Controlling Party under such the Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; provided, however, that (1a) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2b) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related the Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such the Trust or pursuant to the terms of such the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such the Intercreditor Agreement, including any right of the Trustee as Controlling Party under such the Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; provided, however, that (1a) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2b) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and and 47 41 (3c) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related the Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the 40 -35- right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such the Trust or pursuant to the terms of such the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such the Intercreditor Agreement, including any right of the Trustee as Controlling Party under such the Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; providedNotes, however, provided that: (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such Trust or pursuant to the terms of such any Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such any Intercreditor Agreement, including any right of 40 34 the Trustee as Controlling Party under such any Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; providedNotes, however, provided that (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such Trust or pursuant to the terms of such any Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such any Intercreditor Agreement, including any right of the Trustee as Controlling Party under such any Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; providedNotes, however, provided that (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.

Control by Certificateholders. Subject to Section 6.03 and any related the Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to such the Trust or pursuant to the terms of such the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or such the 40 -35- Intercreditor Agreement, including any right of the Trustee as Controlling Party under such the Intercreditor Agreement or as holder of the Equipment Notes held in the related Trust; providedNotes, however, provided that: (1) such Direction shall not in the opinion of the Trustee be in conflict with any rule of law or with this Agreement and would not involve the Trustee in personal liability or expense, (2) the Trustee shall not determine that the action so directed would be unjustly prejudicial to the Certificateholders of such series not taking part in such Direction, and (3) the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such Direction.