Common use of Optional Preservation of the Issuer Assets Clause in Contracts

Optional Preservation of the Issuer Assets. If the Investor Notes of each Series Outstanding have been declared to be due and payable under Section 9.2 following an Event of Default and such declaration and its consequences have not been rescinded and annulled, the Indenture Trustee may, but need not, elect to maintain possession of the Issuer Assets. It is the desire of the parties hereto and the Investor Noteholders that there be at all times sufficient funds for the payment of principal of and interest on the Investor Notes, and the Indenture Trustee shall take such desire into account when determining whether to maintain possession of the Issuer Assets. In determining whether to maintain possession of the Issuer Assets, the Indenture Trustee may, but need not, obtain and rely upon an opinion of an Independent investment banking or accounting firm of national reputation as to the feasibility of such proposed action and as to the sufficiency of the Issuer Assets for such purpose. Nothing contained in this Section 9.5 shall be construed to require the Indenture Trustee to preserve the Issuer Assets securing the Issuer Obligations if prohibited by applicable law or if the Indenture Trustee is authorized, directed or permitted to liquidate the Issuer Assets pursuant to Section 9.4(b).