Common use of Owner Participant as Affiliate of Lessee Clause in Contracts

Owner Participant as Affiliate of Lessee. If at any time the original or any successor Owner Participant shall be an Affiliate of the Lessee or TILC, such Owner Participant and the Lessee agree that, notwithstanding Section 9.5(b) of the Indenture (but without limiting the rights of the Indenture Trustee or the Control Party under the Indenture, including, without limitation, the rights of the Indenture Trustee to exercise and enforce the rights of the Owner Trust as set forth in the Indenture), such Owner Participant will not vote its Beneficial Interest in any respect if there is another Owner Participant not affiliated with the Lessee, and, if there is no such Owner Participant not affiliated with the Lessee, such Owner Participant will not vote its Beneficial Interest to modify, amend or supplement any provision of the Lease or this Agreement or give, or permit the Owner Trustee to give, any consent, waiver, authorization or approval thereunder if any such action could reasonably be expected to adversely affect the Indenture Trustee, any holder of an Equipment Note or the Policy Provider unless such action shall have been consented to by the Indenture Trustee.

Appears in 8 contracts

Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)

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Owner Participant as Affiliate of Lessee. If So long as there are any Notes outstanding, if at any time the original or any successor Owner Participant shall be an Affiliate of the Lessee Lessee, the Manager or TILC, the Administrator such Owner Participant and the Lessee agree that, notwithstanding Section 9.5(b) 9.5 of the Indenture (but without limiting the rights of the Indenture Trustee or the Control Party under the Indenture, including, without limitation, the rights of the Indenture Trustee to exercise and enforce the rights of the Owner Trust as set forth in the Indenture), such Owner Participant they will not vote its Beneficial Interest in any respect if there is another Owner Participant not affiliated with the Lessee, the Manager or the Administrator and, if there is no such Owner Participant not affiliated with the LesseeParticipant, such Owner Participant they will not vote its Beneficial Interest to modify, amend or supplement any provision of the Lease or Lease, this Agreement or giveany other Operative Agreement or give or withhold, or permit the Owner Trustee to givegive or withhold, any consent, waiver, authorization or approval thereunder if any such action could reasonably be expected to adversely affect the Indenture Trustee, any holder of an Equipment Note or the Policy Provider unless such action shall have been consented to by the Indenture Pass Through Trustee; provided that the restrictions of this Section 6.10 shall not apply with respect to any such modification, Participation Agreement (TRLI 2001-1C) amendment, supplement, consent, waiver, authorization or approval to the extent pertaining to any Excepted Property.

Appears in 2 contracts

Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)

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