Enforcement by Trustee. The Seller hereby acknowledges and agrees that the following covenants and agreements of the Seller shall be enforceable by the Trustee at all times until the Trust is terminated:
(a) the Seller shall not engage in any business or activity other than as currently set forth in its Certificate of Incorporation;
(b) the Seller shall not consolidate or merge with or into any other entity or convey or transfer its properties and assets substantially as an entirety to any entity unless (A) the entity (if other than the Seller) formed or surviving such consolidation or merger, or that acquires by conveyance or transfer the properties and assets of the Seller substantially as an entirety, shall be organized and existing under the laws of the United States of America or any State thereof, and shall expressly assume in form satisfactory to the Rating Agency and the Majority Certificateholders, the performance of every covenant on the part of the Seller to be performed or observed pursuant to this Agreement and the Purchase Agreement, (B) immediately after giving effect to such transaction, no default or event of default under this Agreement shall have occurred and be continuing and (C) the Seller shall have delivered to the Rating Agency, each Certificateholder and the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that such consolidation, merger, conveyance or transfer comply with this Agreement;
(c) the Seller shall not dissolve or liquidate, in whole or in part, except (A) as permitted in paragraph (ii) above or (B) with the prior written consent of the Trustee and prior written confirmation from the Rating Agency (a copy of which shall be provided to the Trustee and each Certificateholder by the Seller) that such dissolution or liquidation will have no adverse effect on the rating assigned to the Certificates;
(d) the funds and other assets of the Seller shall not be commingled with those of any other corporation, entity or Person, including, but not limited to, the parent or Affiliates of the Seller;
(e) the Seller shall not hold itself out as being liable for the debts of any other party, including, but not limited to, the debts of the parent or Affiliates of the Seller;
(f) the Seller shall not form, or cause to be formed, or otherwise have, any subsidiaries;
(g) the Seller shall act solely in its corporate name and through the duly authorized officers or agents in the conduct of its business, and shall conduct its business so as not...
Enforcement by Trustee. The Seller hereby acknowledges and agrees that the following covenants and agreements of the Seller shall be enforceable by the Trustee at all times until the Trust is terminated.
Enforcement by Trustee. The rights, privileges, protections, immunities and benefits given to the Trustee, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each agent, custodian and other Person employed to act hereunder; and
Enforcement by Trustee. 32 SECTION 9.3 APPLICATION OF MONEYS COLLECTED BY TRUSTEE...........................................33 SECTION 9.4 PROCEEDINGS BY NOTEHOLDERS...........................................................34 SECTION 9.5
Enforcement by Trustee. Should the Guarantor default in respect of any of its obligations under this Guarantee, including any covenants the Trustee will have the right to enforce the terms of the Guarantee for the benefit of the Holders. The Holders of not less than a majority in total principal amount of the outstanding Securities have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee regarding the Guarantor's obligations under the Guarantee or to direct the exercise of any trust or power conferred upon the Trustee under this Guarantee. If the Trustee fails to enforce the Guarantee, then any holder of Securities may institute a legal proceeding directly against the Guarantor to enforce the relevant trustee's rights under the guarantee, without first instituting a legal proceeding against the Company, the Trustee or any other person or entity.
Enforcement by Trustee. 59 Section 7.8 No Bankruptcy Petition ......................................... 61 ARTICLE VIII THE SERVICER Section 8.1
Enforcement by Trustee. Guarantor agrees and acknowledges and the Holders and Obligor by acceptance of this Guaranty and the benefits conferred hereby, agree that XX Xxxxxx Trust Company, National Association, as Trustee under the CVR Agreement, or any successor Trustee appointed pursuant to the CVR Agreement, shall act on behalf of the Holders with respect to this Guaranty in accordance with and subject to the applicable provisions of the CVR Agreement. Any demand for performance hereunder shall be made in writing, delivered to the Guarantor by the Trustee.
Enforcement by Trustee a. Upon the happening of an Event of Default, the Trustee may, in its discretion, or upon the written request of the owners of at least 50% in aggregate principal amount of the Notes then outstanding, and upon being indemnified to the satisfaction of the Trustee, shall, take such appropriate action by judicial proceedings or otherwise to cure the Event of Default and/or to require the Issuer to carry out its or their covenants and obligations under and with respect to the Notes, the Deed of Trust, or this Indenture, including without limitation, the use and filing of actions for specific performance, and mandamus proceedings, in any court of competent jurisdiction, against the Issuer, its Board of Directors, and its officers, employees, and/or agents, and to obtain judgments against the Issuer for any other amounts due hereunder, including all amounts due with respect to the Notes then outstanding if declared due and payable as provided herein.
Enforcement by Trustee. The Trustee may at its discretion take such proceedings, action or step as it may think fit against the Guarantor to enforce the provisions of this Deed of Guarantee.
Enforcement by Trustee. 62 Section 8.08.
