Optional Preservation of Trust Estate. (a) In connection with an Issue of Pass-through Securities if (1) an Event of Termination shall have occurred and be continuing and (2) a Termination Act shall not have been commenced and be continuing or such Termination Act and its consequences have been annulled and rescinded, the Trustee may, in its sole discretion, and shall, upon request from the Determining Party (50.1%), in each case only to the extent permitted by applicable law, elect, by giving written notice of such election to the Company and all Holders, to maintain possession of and retain the Trust Estate intact, collect or cause the collection of the proceeds thereof and make and apply all payments and deposits and maintain all accounts in accordance with the provisions of the Supplement as if no Event of Termination had occurred and as if no Termination Act had been commenced, provided that: (i) the Trustee shall have determined that the distributions and other amounts receivable with respect to such Trust Estate are sufficient to provide the funds required to pay all Distributions as and when the same are scheduled to become due as provided in the Supplement relating to such Issue of Securities; (ii) the Determining Party (50.1%) shall not have directed (pursuant to its rights, if any, to so direct the Trustee under the applicable Supplement) the Trustee in accordance with Section 7.02 (subject, however, to Section 7.12(b)) to sell the Trust Estate; and
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