Common use of Holders May Demand Enforcement of Rights by Trustee Clause in Contracts

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders of a majority in aggregate principal amount of the Securities then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.02, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of or premium (if any) or interest on the Securities or Pledged Lessor Bonds or to foreclose this Indenture or to sell the Pledged Property under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein granted, or take such other appropriate legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the Securityholders, or, in case such Securityholders shall have requested a specific method of enforce ment permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 4 contracts

Samples: Participation Agreement (Louisiana Power & Light Co /La/), Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Entergy Louisiana Inc)

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Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders of a majority in aggregate principal amount of the Securities Notes then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e9.2(f), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.028.3, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of or premium (if any) or interest on on, the Securities or Pledged Lessor Bonds Notes or to foreclose the Lien of this Indenture or to sell the Pledged Property Indenture Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein granted, or take such other appropriate legal, equitable equitable, or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders Holders' shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 2 contracts

Samples: Trust Indenture (TermoEmcali Leasing LTD), Trust Indenture (TermoEmcali Leasing LTD)

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, subject to the terms of the Senior Security Documents, upon the written request of the Holders of a majority in aggregate principal amount of the Securities Bonds then Outstanding and upon the offering and provision of security or indemnity as provided in Section 9.03(e9.1(d), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.02, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of or premium (if any) or interest on the Securities or Pledged Lessor Bonds Bonds, or to foreclose the Lien of this Indenture or to sell the Pledged Property Indenture Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein grantedgranted herein, or take such other appropriate legal, equitable or other remedy, as the Trustee, being which may be advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders Holders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisionsSection 9.1(d), shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Power Purchase Agreement (LSP Batesville Funding Corp)

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders Bondholders of a majority in aggregate principal amount of the Securities Bonds then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e10.3(e), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.029.3, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of of, or premium (premium, if any) , or interest on on, the Securities or Pledged Lessor Bonds or to foreclose the lien of this Indenture or to sell the Pledged Property Indenture Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein granted, or take such other appropriate legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersBondholders, or, in case such Securityholders Bondholders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested; PROVIDED, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Trust Indenture (Aes Red Oak LLC)

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, subject to the terms of the Security Documents, upon the written request of the Holders of a majority in aggregate principal amount of the Securities Bonds then Outstanding and upon the offering and provision of security or indemnity as provided in Section 9.03(e9.1(d), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.02, proceed to institute one or more suits, actions or proceedings -------------- at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of or premium (if any) or interest on the Securities or Pledged Lessor Bonds Bonds, or to foreclose the Lien of this Indenture or to sell the Pledged Property Indenture Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein grantedgranted herein, or or, subject to the terms of the Intercreditor Agreement, take such other appropriate legal, equitable or other remedy, as the Trustee, being which may be advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders Holders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in -------- accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisionsSection 9.1(d), shall have the right to decline to follow any such -------------- request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Power Sales Agreement (Dominion Resources Inc /Va/)

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders of a majority in aggregate principal amount of the Securities then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e9.3(e), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.028.3, proceed to institute one (1) or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of or premium (premium, if any) , or interest on the Securities or Pledged Lessor Bonds or Securities, to foreclose the Lien of this Indenture or to deliver notice to the Collateral Agent in accordance with the Intercreditor Agreement requesting that the Collateral Agent foreclose the Lien of the other Security Documents or to sell the Pledged Property Shared Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein granted, or take such other appropriate legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders Holders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in accordance with law Law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Trust Indenture (Mobile Energy Services Co LLC)

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders of a majority in aggregate principal amount of the Securities Bonds then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e10.1(d), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.02, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of of, or premium (premium, if any) , or interest on on, the Securities or Pledged Lessor Bonds Bonds, or to deliver notice to the Collateral Agent in accordance with the Intercreditor Agreement requesting that the Collateral Agent foreclose this Indenture under the Collateral Documents or to sell the Pledged Property Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein grantedgranted in the Collateral Documents, or take such other appropriate legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders Holders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Trust Indenture (Dynegy Inc /Il/)

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Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders of a majority in aggregate principal amount of the Securities then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e9.3(e), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.028.3, proceed to institute one (1) or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of or premium (premium, if any) , or interest on the Securities or Pledged Lessor Bonds or Securities, to foreclose the Lien of this Indenture or to deliver notice to the Collateral Agent in accordance with the Intercreditor Agreement requesting that the Collateral Agent foreclose the Lien of the other Security Documents or to sell the Pledged Property Shared Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein granted, or take such other appropriate legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders Holders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Trust Indenture (Mobile Energy Services Co LLC)

Holders May Demand Enforcement of Rights by Trustee. If an any Event of Default shall have occurred and shall be continuing, the Trustee shall, subject to the terms of the Intercreditor Agreement, upon the written request of the Required Holders of a majority in aggregate principal amount of the Securities then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.02, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of of, or premium (if any) or interest on on, the Securities or Pledged Lessor Bonds or Bonds, to deliver notice to the Collateral Agent in accordance with the Intercreditor Agreement requesting that the Collateral Agent foreclose this Indenture under the Security Documents or to sell the Pledged Property Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein grantedgranted in the Security Documents, or the Trustee may, subject to the terms of the Intercreditor Agreement, take such other appropriate legal, equitable or other remedy, as the Trustee, being which may be advised by counsel, shall deem most effectual deems reasonably designed to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersHolders, or, in case such Securityholders shall have requested Holders request a specific method of enforce ment enforcement permitted hereunder, in the manner requestedrequired, subject to the terms of the Intercreditor Agreement, provided that such action shall not be otherwise than in accordance with law Law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisionsSection 10.1, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve expose the Trustee in to personal liability or expense.

Appears in 1 contract

Samples: Cleco Corp

Holders May Demand Enforcement of Rights by Trustee. If an Event of Default shall have occurred and shall be continuing, the Trustee shall, upon the written request of the Holders Bondholders of a majority in aggregate principal amount of the Securities Bonds then Outstanding and upon the offering of security or indemnity as provided in Section 9.03(e10.3(e), but subject in all cases to the provisions of Section 3.03 and the proviso to the first paragraph of Section 8.029.3, proceed to institute one or more suits, actions or proceedings at law, in equity or otherwise, or take any other appropriate remedy, to enforce payment of the principal of of, or premium (premium, if any) , or interest on on, the Securities or Pledged Lessor Bonds or to foreclose the lien of this Indenture or to sell the Pledged Property Indenture Collateral under a judgment or decree of a court or courts of competent jurisdiction or under the power of sale herein granted, or take such other appropriate legal, equitable or other remedy, as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce any of the rights or powers of the Trustee or the SecurityholdersBondholders, or, in case such Securityholders Bondholders shall have requested a specific method of enforce ment enforcement permitted hereunder, in the manner requested; provided, provided that such action shall not be otherwise than in accordance with law and the provisions of this Indenture, and the Trustee, subject to such indemnity provisions, shall have the right to decline to follow any such request if the Trustee in good faith shall determine that the suit, proceeding or exercise of the remedy so requested would involve the Trustee in personal liability or expense.

Appears in 1 contract

Samples: Power Purchase Agreement (Aes Ironwood LLC)

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