Direction of Trustee. At the direction of the Agent or the Majority Lenders, exercise its right under Section 8.14 of the Pooling Agreement to direct the trustee under the Bunge Master Trust when the Lenders are affected by the conduct of any proceeding or the exercise of any right conferred on the trustee under the Bunge Master Trust.
Direction of Trustee. Upon the happening of any Event of Default, except as expressly provided herein, the Noteholders of at least a majority of the Outstanding Amount of the Highest Priority Notes, shall have the right by an instrument or instruments in writing delivered to the Trustee to direct and control the Trustee as to the method of taking any and all proceedings for any investment or sale of any or all of the Trust Estate (in accordance with and subject to the satisfaction of the further conditions set forth in Section 6.04 hereof), or for the appointment of a receiver, if permitted by law, and may at any time cause any proceedings authorized by the terms hereof to be so taken or to be discontinued or delayed, subject to receipt from Noteholders of indemnification satisfactory to the Trustee.
Direction of Trustee. Upon the happening of any Event of Default, the Registered Owners of a majority in aggregate principal amount of the Notes then Outstanding, shall have the right by an instrument or instruments in writing delivered to the Trustee to direct and control the Trustee as to the method of taking any and all proceedings for any sale of any or all of the Trust Estate, or for the appointment of a receiver, if permitted by law, and may at any time cause any proceedings authorized by the terms hereof to be so taken or to be discontinued or delayed. The provisions of this Section shall be expressly subject to the provisions of Sections 7.01(c), 7.05 and 7.07 hereof.
Direction of Trustee. By taking delivery of a Special Warrant Certificate, the holder of the Special Warrants represented thereby is deemed to have irrevocably authorized and directed the Trustee to convert such Special Warrants pursuant to, and in accordance with, Section 4.2(a) hereof.
Direction of Trustee. Upon the happening of any Event of Default, the Registered Owners of at least 51% of the collective aggregate principal amount of the Senior Notes and each Swap Counterparty secured on a parity with the Senior Notes, if required by the related Swap Agreement hereby secured and then Outstanding (or, if no Senior Notes or Swap Agreements secured on a parity with the Senior Notes are Outstanding hereunder, then the Registered Owners of at least 51% of the collective aggregate principal amount of the Subordinate Notes and each Swap Counterparty secured on a parity with the Subordinate Notes, if required by the related Swap Agreement hereby secured and then Outstanding) (or, if no Senior Notes or Swap Agreements secured on a parity with the Senior Notes or Subordinate Notes or Swap Agreements secured on a parity with the Subordinate Notes are Outstanding hereunder, then the Registered Owners of at least 51% of the collective aggregate principal amount of the Junior-Subordinate Notes and each Swap Counterparty secured on a parity with the Junior-Subordinate Notes, if required by the related Swap Agreement hereby secured and then Outstanding) with the prior written consent of each Swap Counterparty, if required by the related Swap Agreement, shall have the right by an instrument or instruments in writing delivered to the Trustee to direct and control the Trustee as to the method of taking any and all proceedings for any sale of any or all of the Trust Estate, or for the appointment of a receiver, if permitted by law, and may at any time cause any proceedings authorized by the terms hereof to be so taken or to be discontinued or delayed; provided, however, that such Registered Owners and Swap Counterparty, if required by the related Swap Agreement, shall not be entitled to cause the Trustee to take any proceedings which in the Trustee's opinion would be unjustly prejudicial to non-assenting Registered Owners of Notes, but the Trustee shall be entitled to assume that the action requested by the Registered Owners of 51% of the collective aggregate principal amount of the Senior Notes and each Swap Counterparty secured on a parity with the Senior Notes, if required by the related Swap Agreement hereby secured and then Outstanding (or, if no Senior Notes or Swap Agreements secured on a parity with the Senior Notes are Outstanding hereunder, then the Registered Owners of at least 51% of the collective aggregate principal amount of the Subordinate Notes and each Swap Co...
Direction of Trustee. Any investment direction shall be made in writing by the Employer, investment manager, or other properly authorized person, as applicable. A Directed Trustee must act solely in accordance with the direction of the Plan Administrator, the Employer, any employees or agents of the Employer, a properly appointed investment manager or other fiduciary of the Plan, a Plan Participant or other properly authorized person. (See Section 10.07 of the Plan and Section 1.04 of this ASC Trust Agreement (Governmental) relating to Participant-directed investments.)
Direction of Trustee. The Collateral Manager may, in its sole discretion and subject to and in accordance with the provisions of the Indenture and this Agreement, take on behalf of the Issuer, or direct the Trustee to take, the following actions with respect to the Assets:
Direction of Trustee. It shall be the duty of the Administrator to direct the Trustee with regard to the allocation and the distribution of the benefits to the Participants and others hereunder.
Direction of Trustee. Have the authority to direct the Trustee to make payment of any benefits as they become payable under the Plan.
Direction of Trustee. All action by the Named Fiduciary of the Plan as required by the Trust has been taken to direct the Trustee to enter into the Loan and the Note and to direct the Trust to enter into the brokerage agreement and to purchase Shares during the Purchase Period. The Company has engaged Banc of America Securities LLC to act as broker (“Broker”) in connection with the purchase of Shares and that the Company will, to the extent required by ERISA, provide direction to the Trustee to act consistent with the confirmations provided by the Broker to the Trustee in connection with the purchase of Shares. The purchase of the Shares shall be made utilizing an automated trading system. No provision of the contractual agreement between the Company and the Broker nor any action by the Company or the Broker shall constitute a delegation of the fiduciary responsibility of the Company and its Board of Directors under the Trust to direct the Trustee with respect to the purchase of Shares. All of the representations, warranties and covenants of the Company set forth in the engagement agreement with the Broker is hereby made to the Trustee as though fully set forth herein. The Company shall provide written, electronic evidence as requested by the Trustee from time to time of its direction to the Trustee contemplated by this Section 4.2(c).
