Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the exercise of any trust or power conferred on the Trustee; provided that:
Appears in 9 contracts
Samples: Management Agreement (Driven Brands Holdings Inc.), Driven Brands Holdings Inc., Indenture (Jay Merger Sub, Inc.)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 6 contracts
Samples: Base Indenture (Dine Brands Global, Inc.), Servicing Agreement (Dominos Pizza Inc), Dine Brands Global, Inc.
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Dunkin' Brands Group, Inc.), Guarantee and Collateral Agreement (DineEquity, Inc), Guarantee and Collateral Agreement (Iconix Brand Group, Inc.)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 4 contracts
Samples: Base Indenture (Nuco2 Inc /Fl), Guarantee and Collateral Agreement (Dominos Pizza Inc), Sonic Corp
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e)) of the Base Indenture, at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Fat Brands, Inc)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), acting at the direction of the Controlling Class Representative) may may, subject to the terms hereof, cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 2 contracts
Samples: Fat Brands, Inc, Fat Brands, Inc
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, Collateral or conducting any proceeding in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 2 contracts
Samples: Base Indenture (Dunkin' Brands Group, Inc.), Base Indenture (DineEquity, Inc)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e)) of the Base Indenture, at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the exercise of any trust or power conferred on the Trustee; provided that:
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Wingstop Inc.), Guarantee and Collateral Agreement (Yum Brands Inc)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the Beneficiary or exercise of any trust or power conferred on the TrusteeBeneficiary; provided that:
Appears in 1 contract
Samples: Base Indenture (Wendy's Co)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding Proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), acting at the direction of the Controlling Class Representative, subject to Section 11.4(f) of the Base Indenture) may cause the institution of institute and direct the time, method and place of conducting conducting, any proceeding in respect of any enforcement of the Collateral, Collateral or conducting any proceeding in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e)) of the Base Indenture, at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), ) of the Base Indenture at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens this Mortgage on the Collateral Mortgaged Property or other rights and remedies against the Mortgaged Property (to the extent permitted by applicable law) or conducting any proceeding for any remedy available to the Trustee and to direct the Beneficiary or exercise of any trust or power conferred on the TrusteeBeneficiary; provided that:
Appears in 1 contract
Samples: Base Indenture (Wendy's Co)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e)) of the Base Indenture, at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Driven Brands Holdings Inc.)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding Proceeding for any remedy available to the Trustee and to direct the or exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to or direct the Trustee to exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e), acting at the direction of the Controlling Class Representative, subject to Section 11.4(f)) may cause the institution of institute and direct the time, method and place of conducting conducting, any proceeding in respect of any enforcement of the Collateral, Collateral or conducting any proceeding in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the exercise of any trust or power conferred on the Trustee; provided that:
Appears in 1 contract
Samples: Base Indenture (SPRINT Corp)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party (subject to Section 11.4(e)) of the Indenture, at the direction of the Controlling Class Representative) may cause the institution of and direct the time, method and place of conducting any proceeding in respect of any enforcement of the Collateral, in respect of any enforcement of Liens on the Collateral or conducting any proceeding for any remedy available to the Trustee and to direct the Beneficiary or exercise of any trust or power conferred on the TrusteeBeneficiary; provided that:
Appears in 1 contract
Samples: Base Indenture (DineEquity, Inc)
