Common use of Direction of Proceedings Clause in Contracts

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the Notes then outstanding shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee with respect to the Notes; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine upon advice of counsel that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its executive committee, or a trust committee of directors or Responsible Officers or both shall determine that the action or proceeding so directed would involve the Trustee in personal liability.

Appears in 4 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

AutoNDA by SimpleDocs

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee with respect to the Notes; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine upon advice of counsel that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its executive committee, or a trust committee of directors or Responsible Officers or both shall determine that the action or proceeding so directed would involve the Trustee in personal liability.

Appears in 3 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the Notes then outstanding Outstanding Securities of any series shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee Trustee, with respect to the NotesSecurities of such series; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine upon advice of counsel Trustee, being advised by counsel, determines that the action or proceeding proceedings so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its directors or executive committee, committee or a trust committee of directors or Responsible Officers or both trustees and/or responsible officers shall determine that the action or proceeding proceedings so directed would involve the Trustee in personal liability.

Appears in 2 contracts

Samples: Indenture (Aon Corp), Aon Corp

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Senior Trustee, or exercising any trust or power conferred on the Senior Trustee with respect to the Notes; provided, however, that (subject to the provisions of Section 7.01) the Senior Trustee shall have the right to decline to follow any such direction if the Senior Trustee shall determine upon advice of counsel that the action or proceeding so directed may not lawfully be taken or if the Senior Trustee in good faith by its board of directors, its executive committee, or a trust committee of directors or Responsible Officers or both shall determine that the action or proceeding so directed would involve the Senior Trustee in personal liability.

Appears in 2 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the Notes then Securities of any or all series affected (voting as one class) at the time outstanding shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Trustee, . or exercising any trust or power conferred on the Trustee with respect to the NotesTrustee; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any any. such direction if the Trustee shall determine upon advice of counsel Trustee, being advised by counsel, determines that the action or proceeding proceedings so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its directors or executive committee, committee or a trust committee of directors or Responsible Officers or both trustees and/or responsible officers shall determine that the action or proceeding proceedings so directed would involve the Trustee in personal liability.

Appears in 1 contract

Samples: Indenture (Aeroquip-Vickers Inc)

AutoNDA by SimpleDocs

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the outstanding Notes then outstanding shall have the right to direct the time, method, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee with respect to the Notes; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine upon advice of counsel that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its executive committee, or a trust committee of directors or Responsible Officers or both shall determine that the action or proceeding so directed would involve the Trustee in personal liability.

Appears in 1 contract

Samples: Indenture (Vistancia Marketing, LLC)

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the Notes then Securities of any or all series affected (voting as one class) at the time outstanding shall have the right to direct the time, method, and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee with respect to the NotesTrustee; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine upon advice of counsel Trustee, being advised by counsel, determines that the action or proceeding proceedings so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its directors or executive committee, committee or a trust committee of directors or Responsible Officers or both trustees and/or responsible officers shall determine that the action or proceeding proceedings so directed would involve the Trustee in personal liability. SECTION 6.07.

Appears in 1 contract

Samples: Indenture (Trinova Corp)

Direction of Proceedings. The Holders of a majority in aggregate principal amount of the Notes then outstanding shall have the right to direct the time, method, and place of conducting any proceeding for any remedy 77 available to the Trustee, or exercising any trust or power conferred on the Trustee with respect to the Notes; provided, however, that (subject to the provisions of Section 7.01) the Trustee shall have the right to decline to follow any such direction if the Trustee shall determine upon advice of counsel that the action or proceeding so directed may not lawfully be taken or if the Trustee in good faith by its board of directors, its executive committee, or a trust committee of directors or Responsible Officers or both shall determine that the action or proceeding so directed would involve the Trustee in personal liability.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!