Common use of Exercise by Trustee Clause in Contracts

Exercise by Trustee. Notwithstanding anything herein to the contrary, Trustee (a) shall not exercise, or waive the exercise of, any of its rights or remedies under this Article (other than its right to reimbursement) except upon the request of Beneficiary, and (b) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of Beneficiary and at the direction of Beneficiary as to the manner of such exercise or waiver, provided that Trustee shall have the right to decline to follow any of such request or direction if Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.

Appears in 3 contracts

Samples: Commercial Deed of Trust, Financing Statement, Security Agreement and Fixture Filing (Fresh Choice Inc), Deed of Trust, Financing Statement, Security Agreement and Fixture Filing (Octel Communications Corp), Master Lease (Ascend Communications Inc)

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Exercise by Trustee. Notwithstanding anything herein in this Deed of Trust to the contrary, the Trustee (a) shall not exercise, exercise or waive the exercise of, any of its rights or remedies under this Article Deed of Trust (other than its right to reimbursement) except upon the request of Beneficiary, the Beneficiary and (b) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of the Beneficiary and at the direction of the Beneficiary as to the manner of such exercise or waiver, provided PROVIDED that the Trustee shall have the right to decline to follow any of such request or direction if the Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement (Discovery Zone Inc)

Exercise by Trustee. Notwithstanding anything herein to the contrary, Trustee (a) shall not exercise, or waive the exercise of, any of its rights or remedies under this Article hereunder (other than its right to reimbursement) except upon the request of Beneficiary, and (b) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of Beneficiary and at the direction of Beneficiary as to the manner of such ofsuch exercise or waiver, provided that Trustee shall have the right to decline to follow any of such request or direction if Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.. ARTICLE VI

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Exercise by Trustee. Notwithstanding anything herein to the contrary, Trustee (a) shall not exercise, or waive the exercise of, any of its rights or remedies under this Article hereunder (other than its right to reimbursement) except upon the request of Beneficiary, and (b) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of Beneficiary and at the direction of Beneficiary as to the manner of such exercise or waiver, provided that Trustee shall have the right to decline to follow any of such request or direction if Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.

Appears in 1 contract

Samples: Deed of Trust (Emeritus Corp\wa\)

Exercise by Trustee. Notwithstanding anything herein in this Deed of Trust to the contrary, the Trustee (ai) shall not exercise, exercise or waive the exercise of, any of its rights or remedies under this Article Deed of Trust (other than its right to reimbursement) except upon the request of Beneficiary, the Beneficiary and (bii) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of the Beneficiary and at the direction of the Beneficiary as to the manner of such exercise or waiver, provided PROVIDED that the Trustee shall have the right to decline to follow any of such request or direction if the Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Discovery Zone Inc)

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Exercise by Trustee. Notwithstanding anything herein to the contrary, the Trustee (ai) shall not exercise, or waive the exercise of, any of its rights or remedies under this Article hereunder (other than its right to reimbursement) except upon the request of the Beneficiary, and (bii) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of the Beneficiary and at the direction of the Beneficiary as to the manner of such exercise or waiver, provided that the Trustee shall have the right to decline to follow any of such request or direction if the Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.

Appears in 1 contract

Samples: Credit Agreement (Surewest Communications)

Exercise by Trustee. Notwithstanding anything herein to the contrary, Trustee (a) shall not exercise, or waive the exercise of, any of its rights or remedies under this Article hereunder (other than its right to reimbursement) except upon the request of BeneficiaryMortgagee, and (b) shall exercise, or waive the exercise of, any or all of such rights or remedies upon the request of Beneficiary Mortgagee and at the direction of Beneficiary Mortgagee as to the manner of such exercise or waiver, provided that Trustee shall have the right to decline to follow any of such request or direction if Trustee shall be advised by counsel that the action or proceeding, or manner thereof, so directed may not lawfully be taken or waived.

Appears in 1 contract

Samples: Mortgage Agreement (Emeritus Corp\wa\)

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