Common use of Exercise of Remedies by Trustee Clause in Contracts

Exercise of Remedies by Trustee. To the extent that this Deed of Trust and applicable law authorizes or empowers Beneficiary to exercise any remedies set forth in Article 3 hereof or otherwise, or perform any acts in connection therewith, Trustee (but not to the exclusion of Beneficiary unless so required under the law of the State of Nevada) shall have the power to exercise any or all such remedies, and to perform any acts provided for in this Deed of Trust in connection therewith, all for the benefit of Beneficiary and on Beneficiary’s behalf in accordance with applicable law of the State of Nevada. In connection therewith, Trustee: (a) shall not exercise, or waive the exercise of, any of Beneficiary’s remedies (other than any rights of Trustee to any indemnity or reimbursement), except at Beneficiary’s request, and (b) shall exercise, or waive the exercise of, any or all of Beneficiary’s remedies at Beneficiary’s request, and in accordance with Beneficiary’s directions as to the manner of such exercise or waiver. Trustee may, however, decline to follow Beneficiary’s 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 2 contracts

Samples: Credit Agreement (Fulcrum Bioenergy Inc), Credit Agreement (Fulcrum Bioenergy Inc)

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Exercise of Remedies by Trustee. To the extent that this Deed of Trust and applicable law authorizes or empowers Beneficiary to exercise any remedies set forth in Article 3 hereof or otherwise, or perform any acts in connection therewith, Trustee (but not to the exclusion of Beneficiary unless so required under the law of the State of NevadaCalifornia) shall have the power to exercise any or all such remedies, and to perform any acts provided for in this Deed of Trust in connection therewith, all for the benefit of Beneficiary and on Beneficiary’s 's behalf in accordance with applicable law of the State of NevadaCalifornia. In connection therewith, Trustee: (a) shall not exercise, or waive the exercise of, any of Beneficiary’s 's remedies (other than any rights of Trustee to any indemnity or reimbursement), except at Beneficiary’s 's request, and (b) shall exercise, or waive the exercise of, any or all of Beneficiary’s 's remedies at Beneficiary’s 's request, and in accordance with Beneficiary’s 's directions as to the manner of such exercise or waiver. Trustee may, however, decline to follow Beneficiary’s 's 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 2 contracts

Samples: Credit Agreement (Ormat Technologies, Inc.), Indenture (Ormat Technologies, Inc.)

Exercise of Remedies by Trustee. To the extent that this Deed of Trust and or applicable law law, including all applicable Gaming Laws, authorizes or empowers Beneficiary to exercise any remedies set forth in Article 3 Four hereof or otherwise, or perform any acts in connection therewith, Trustee (but not to the exclusion of Beneficiary unless so required under the law of the State of Nevada) shall have the power to exercise any or all such remedies, and to perform any acts provided for in this Deed of Trust in connection therewith, all for the benefit of Beneficiary and on Beneficiary’s 's behalf in accordance with applicable law of the State of Nevada. In connection therewith, Trustee: (a) shall not exercise, or waive the exercise of, any of Beneficiary’s remedies 's Remedies (other than any rights of or Trustee to any indemnity or reimbursement), except at Beneficiary’s 's request, and (b) shall exercise, or waive the exercise of, any or all of Beneficiary’s 's remedies at Beneficiary’s 's request, and in accordance with Beneficiary’s 's directions as to the manner of such exercise or waiver. Trustee may, however, decline to follow Beneficiary’s 's 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 2 contracts

Samples: Deed of Trust (Coast Resorts Inc), Deed of Trust (Riviera Holdings Corp)

Exercise of Remedies by Trustee. To the extent that this Deed of Trust and or applicable law authorizes or empowers empowers, or does not require approval for, Beneficiary to exercise any remedies set forth in Article 3 4 hereof or otherwise, or perform any acts in connection therewith, Trustee (but not to the exclusion of Beneficiary unless so required under the law of the State of Nevada) shall have the power to exercise any or all such remedies, and to perform any acts provided for in this Deed of Trust in connection therewith, all for the benefit of Beneficiary and on Beneficiary’s 's behalf in accordance with applicable law of the State of Nevada. In connection therewith, Trustee: (a) shall not exercise, or waive the exercise of, any of Beneficiary’s 's remedies (other than any rights of Trustee to any indemnity or reimbursement), except at Beneficiary’s 's request, and (b) shall exercise, or waive the exercise of, any or all of Beneficiary’s 's remedies at Beneficiary’s 's request, and in accordance with Beneficiary’s 's directions as to the manner of such exercise or waiver. Trustee may, however, decline to follow Beneficiary’s 's 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 (Aladdin Capital Corp)

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Exercise of Remedies by Trustee. To the extent that this Deed of Trust and or applicable law law, including all applicable Gaming Control Acts, authorizes or empowers Beneficiary to exercise any remedies set forth in Article 3 Four hereof or otherwise, or perform any acts in connection therewith, Trustee (but not to the exclusion of Beneficiary unless so required under the law of the State of Nevada) shall have the power to exercise any or all such remedies, and to perform any acts provided for in this Deed of Trust in connection therewith, all for the benefit of Beneficiary and on Beneficiary’s 's behalf in accordance with applicable law of the State of Nevada. In connection therewith, Trustee: (a) shall not exercise, or waive the exercise of, any of Beneficiary’s remedies 's Remedies (other than any rights of Trustee to any indemnity or reimbursement), except at Beneficiary’s 's request, and (b) shall exercise, or waive the exercise of, any or all of Beneficiary’s 's remedies at Beneficiary’s 's request, and in accordance with Beneficiary’s 's directions as to the manner of such exercise or waiver. Trustee may, however, decline to follow Beneficiary’s 's 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: Loan and Guaranty Agreement (Showboat Inc)

Exercise of Remedies by Trustee. To the extent that this Deed of Trust and or applicable law law, including all applicable Gaming Control Laws, authorizes or empowers empowers, or does not require approval for, Beneficiary to exercise any remedies set forth in Article 3 Four hereof or otherwise, or perform any acts in connection therewith, Trustee (but not to the exclusion of Beneficiary unless so required under the law of the State of Nevada) shall have the power to exercise any or all such remedies, and to perform any acts provided for in this Deed of Trust in connection therewith, all for the benefit of Beneficiary and on Beneficiary’s 's behalf in accordance with applicable law of the State of Nevada. In connection therewith, Trustee: (a) shall not exercise, or waive the exercise of, any of Beneficiary’s 's remedies (other than any rights of Trustee to any indemnity or reimbursement), except at Beneficiary’s 's request, and (b) shall exercise, or waive the exercise of, any or all of Beneficiary’s 's remedies at Beneficiary’s 's request, and in accordance with Beneficiary’s 's directions as to the manner of such exercise or waiver. Trustee may, however, decline to follow Beneficiary’s 's 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 (Grand Canal Shops Mall Construction LLC)

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