Control by the Control Party. Notwithstanding any other provision hereof, the Control Party may cause the institution of and direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercise any trust or power conferred on the Trustee; provided that: (a) such direction of time, method and place shall not be in conflict with any rule of law or with the Indenture; (b) the Control Party may take any other action deemed proper by the Control Party that is not inconsistent with such direction; and (c) such direction shall be in writing; provided further that, subject to Section 10.1, the Trustee need not take any action that it determines might involve it in liability unless it has received an indemnity for such liability as provided herein.
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Samples: Base Indenture (Sonic Corp)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party may cause the institution of and direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercise any trust or power conferred on the Trustee; provided that:
(a) such direction of time, method and place shall not be in conflict with any rule of law or with the Indenture;
(b) the Control Party may take any other action deemed proper by the Control Party that is not inconsistent with such directiondirection (as the same may be modified by the Control Party); and
(c) such direction shall be in writing; provided further that, subject to Section 10.1, the Trustee need not take any action that it determines might involve it in liability unless it has received an indemnity for such liability as provided herein.
Appears in 1 contract
Samples: Base Indenture (Dominos Pizza Inc)
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party may cause the institution of and direct the time, method and place of conducting any proceeding Proceeding for any remedy available to the Trustee or exercise any trust or power conferred on the Trustee; provided that:
(a) such direction of time, method and place shall not be in conflict with any rule of law or with the Indenturethis Agreement;
(b) the Control Party may take any other action deemed proper by the Control Party that is not inconsistent with such direction; and
(c) such direction shall be in writing; provided further that, subject to Section 10.110.1 of the Base Indenture, the Trustee need not take any action that it determines might involve it in liability unless it has received an indemnity for such liability as provided hereinin the Base Indenture.
Appears in 1 contract
Control by the Control Party. Notwithstanding any other provision hereof, the Control Party may cause the institution of and direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercise any trust or power conferred on the Trustee; provided that:
(a) such direction of time, method and place shall not be in conflict with any rule of law or with the Indenture;
(b) the Control Party Trustee may take any other action deemed proper by the Control Party Trustee that is not inconsistent with such directiondirection (as the same may be modified by the Control Party); and
(c) such direction shall be in writing; provided further that, subject to Section 10.1, the Trustee need not take any action that it determines might involve it in liability unless it has received an indemnity for such liability as provided herein.
Appears in 1 contract
Samples: Base Indenture (Nuco2 Inc /Fl)