Common use of Optional Preservation of the Collateral Clause in Contracts

Optional Preservation of the Collateral. If the Notes have been declared to be due under Section 5.02 following an Event of Default and the declaration and its consequences have not been annulled, the Indenture Trustee may with the consent of the Credit Enhancer, but need not unless so directed by the Credit Enhancer, elect to maintain possession of the Collateral. The parties and the Noteholders want sufficient funds to exist at all times for the payment of principal of and interest on the Notes and other obligations of the Issuer including payments to the Credit Enhancer, and the Indenture Trustee shall take that into account when determining whether or not to maintain possession of any Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the proposed action and as to the sufficiency of the Collateral for the purpose.

Optional Preservation of the Collateral. If the Notes have been declared to be due and payable under Section 5.02 hereof following an Event of Default and the such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may with the consent of the Credit Enhancermay, but need not unless so directed by the Credit Enhancernot, elect to maintain possession of the Collateral. The It is the desire of the parties hereto and the Noteholders want sufficient funds to exist that there be at all times sufficient funds for the payment of principal of and interest on the Notes and other obligations of the Issuer including payments to the Credit EnhancerNotes, and the Indenture Trustee shall take that such desire into account when determining whether or not to maintain possession of any the Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the such proposed action and as to the sufficiency of the Collateral for the such purpose.

Optional Preservation of the Collateral. If the Notes have been declared to be due under Section 5.02 following an Event of Default and the declaration and its consequences have not been annulled, the Indenture Trustee may with the consent of the Credit Enhancer, but need not unless so directed by the Credit Enhancer, elect to maintain possession of the Collateral. The parties and the Noteholders want sufficient funds to exist at all times for the payment of principal of and interest on the Notes and other obligations of the Issuer including payments to the Credit Enhancer, and the Indenture Trustee shall take that into account when determining whether or not to maintain possession of any Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the proposed action and as to the sufficiency of the Collateral for the purpose.

Optional Preservation of the Collateral. If the Notes have been declared to be due and payable under Section 5.02 following an Event of Default and the such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may with the consent of the Credit Enhancermay, but need not unless so directed by the Credit Enhancernot, elect to maintain possession of the Collateral. The It is the desire of the parties hereto and the Noteholders want sufficient funds to exist that there be at all times sufficient funds for the payment of principal of and interest on the Notes and other obligations of the Issuer including payments to the Credit EnhancerNotes, and the Indenture Trustee shall take that such desire into account when determining whether or not to maintain possession of any the Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion (at the expense of the Issuer) of an Independent investment banking or accounting firm of national reputation as to the feasibility of the such proposed action and as to the sufficiency of the Collateral for the such purpose.

Optional Preservation of the Collateral. If the Notes of any Series have been declared to be due and payable under Section 5.02 5.03 following an Event of Default and the such declaration and its consequences have not been rescinded and annulled, and the Indenture Trustee has not received direction from the Noteholders pursuant to Section 5.12, the Indenture Trustee may with the consent of the Credit Enhancermay, but need not unless so directed by the Credit Enhancernot, elect to maintain possession of the Collateral. The It is the desire of the parties hereto and the Noteholders want sufficient funds to exist that there be at all times sufficient funds for the payment of principal of and interest on the Notes and other obligations of the Issuer including payments to the Credit EnhancerNotes, and the Indenture Trustee shall take that such desire into account when determining whether or not to maintain possession of any the Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the such proposed action and as to the sufficiency of the Collateral for the such purpose.

Optional Preservation of the Collateral. If the Notes have been declared to be due under Section 5.02 following Following an Event of Default and the declaration and its consequences have if such Event of Default has not been rescinded and annulled, the Indenture Trustee may with the consent of the Credit Enhancermay, but need not unless so directed by the Credit Enhancernot, elect to maintain possession of the Collateral. The It is the desire of the parties hereto and the Noteholders want sufficient funds to exist [and the [Swap][Cap] Counterparty] that there be at all times sufficient funds for the payment of principal of and interest on the Notes [and other obligations of the Issuer including payments amounts due to the Credit Enhancer[Swap][Cap] Counterparty under the Interest Rate [Swap][Cap] Agreement], and the Indenture Trustee shall take that such desire into account when determining whether or not to maintain possession of any the Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the such proposed action and as to the sufficiency of the Collateral for the such purpose.

Optional Preservation of the Collateral. If the Notes have been declared to be or are automatically due and payable under Section 5.02 5.2 following an Event of Default and the such declaration or automatic occurrence and its consequences have not been rescinded and annulled, if permitted hereunder, the Indenture Trustee may with the consent of the Credit Enhancermay, but need not unless so directed by the Credit Enhancernot, elect to maintain possession of the CollateralTrust Estate and continue to apply the proceeds thereof in accordance with Section 5.4(b). The It is the intent of the parties hereto and the Noteholders want sufficient funds to exist that there be at all times sufficient funds for the payment of principal of and interest on the Notes and other obligations of the Issuer including payments to the Credit EnhancerNotes, and the Indenture Trustee shall take that such intent into account when determining whether or not to maintain possession of any the Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the such proposed action and as to the sufficiency of the Collateral for the such purpose.

Optional Preservation of the Collateral. If the Notes have been declared to be due under Section 5.02 following an Event of Default and the declaration and its consequences have not been annulled, the Indenture Trustee may [with the consent of the Credit Enhancer, ,] but need not [unless so directed by the Credit Enhancer], elect to maintain possession of the Collateral. The parties and the Noteholders want sufficient funds to exist at all times for the payment of principal of and interest on the Notes and other obligations of the Issuer [including payments to the Credit Enhancer], and the Indenture Trustee shall take that into account when determining whether or not to maintain possession of any Collateral. In determining whether to maintain possession of the Collateral, the Indenture Trustee may, but need not, obtain and rely on upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of the proposed action and as to the sufficiency of the Collateral for the purpose.