Common use of Optional Preservation of the Collateral Clause in Contracts

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the declaration has not been rescinded in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.2 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders Owners that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the declaration has not been rescinded in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The Indenture Trustee will take such this intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such the proposed action and as to the sufficiency of the Collateral for such this purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the NotesNotes and any payments due to the Swap Counterparties. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.2 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.02 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) SECTION 5.02 hereof following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.02 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion (at the expense of a nationally recognized the Issuer) of an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of Of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes of a Series have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the CollateralCollateral allocable to such Series. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the CollateralCollateral allocable to such Series. In determining whether to maintain possession of all or any portion of the CollateralCollateral allocable to such Series, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the such Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the NotesNotes and any payments due to the Swap Counterparty. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the declaration has not been rescinded in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the NotesNotes [and any payments due to the Hedge Counterparties]. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.02 hereof following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.. ..

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.2 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.. INDENTURE (SERIES 1997-1) -- PAGE 42

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the NotesNotes and any amounts owing to any other Secured Parties. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.02 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized Independent an independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the NotesNotes and any payments due to the Hedge Counterparties. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.02 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely be fully protected in relying conclusively upon an opinion (at the expense of a nationally recognized the Issuer) of an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.02 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely conclusively upon an opinion (at the expense of a nationally recognized the Issuing Entity) of an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.2 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion (at the expense of a nationally recognized the Issuer) of an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) ------- 5.02 hereof following an Event of Default and the such declaration has and its ---- consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated under Section 5.2(a) and the such declaration has and its consequences have not been rescinded and annulled in accordance with Section 5.2(b), the Indenture Trustee may elect to maintain possession of the Collateral. It is the intention of the parties to this Indenture and the Noteholders that there at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The Indenture Trustee will take such intention into account when determining whether or not to maintain possession of all or of any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may obtain and rely upon an opinion of a nationally recognized Independent investment banking firm or firm of certified public accountants as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.

Optional Preservation of the Collateral. If the Notes have been accelerated declared to be due and payable under Section 5.2(a) 5.2 following an Event of Default and the such declaration has and its consequences have not been rescinded in accordance with Section 5.2(b)and annulled, the Indenture Trustee may may, but need not, elect to maintain possession of the Collateral. It is the intention desire of the parties to this Indenture hereto and the Noteholders Registered Owners that there be at all times be sufficient funds derived from the Collateral for the payment of principal of and interest on the Notes. The , and the Indenture Trustee will shall take such intention desire into account when determining whether or not to maintain possession of all or any portion of the Collateral. In determining whether to maintain possession of all or any portion of the Collateral, the Indenture Trustee may may, but need not, obtain and rely upon an opinion of a nationally recognized an Independent investment banking firm or accounting firm of certified public accountants national reputation as to the feasibility of such proposed action and as to the sufficiency of the Collateral for such purpose.