Common use of Powers Exercisable Notwithstanding Event of Default Clause in Contracts

Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Collateral (other than cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior Lien), may do any of the things enumerated in Sections 11.2 and 11.3 if the Holders of a majority in aggregate principal amount of the Securities outstanding, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i) or (ii).

Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Collateral (other than cash, Cash Equivalentscash equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee or the Collateral Agent hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior LienDocuments), may do any of the things enumerated in Sections 11.2 12.02 and 11.3 12.03 if the Trustee in its discretion, or the Holders of a majority in aggregate principal amount of the Securities outstandingoutstanding Securities, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 12.04 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i6.01(1) or (ii2).

Powers Exercisable Notwithstanding Event of Default. In Subject to the Intercreditor Agreement, in case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Collateral (other than cash, Cash Equivalentscash equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior LienCollateral Documents), may do any of the things enumerated in Sections 11.2 13.10 and 11.3 13.11 if the Trustee in its discretion, or the Holders of a majority in aggregate principal amount of the Securities outstandingoutstanding Securities, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 13.12 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i6.1(1) or (ii6.1(2).

Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the CompanyBorrower or any Guarantor, as applicable, while in possession of the Noteholder Collateral (other than cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee Collateral Agent hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior Lien), may do any of the things enumerated in Sections 11.2 4.2 and 11.3 4.3 if the Holders of a majority in aggregate principal amount of the Securities outstandingMajority Holders, by appropriate action of such Holdersholders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 4.5 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i7.1 (a)(i), 7.1 (a)(ii), or 7.1 (a)(iii) or (ii)of the Term 2 Notes.

Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Mortgaged Collateral (other than cash, Cash Equivalentscash equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior LienAgreements), may do any of the things enumerated in Sections 11.2 13.02 and 11.3 13.03 if the Trustee in its discretion, or the Holders of a majority in aggregate principal amount of the Securities outstandingoutstanding Securities, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 13.04 shall not apply, however, during the continuance of an Event of a Default of the type specified in Section 6.1(a)(i6.01(1) or (ii6.01(2).

Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Notes Collateral (other than cash, Cash Equivalentscash equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior LienDocuments), may do any of the things enumerated in Sections 11.2 12.02 and 11.3 12.03 if the Trustee in its discretion, or the Holders of a majority in aggregate principal amount at maturity of the Securities outstandingoutstanding Securities, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 12.04 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i6.01(1) or (ii6.01(2).

Powers Exercisable Notwithstanding Event of Default. In IN case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Collateral (other than cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior LienCollateral Documents), may do any of the things enumerated in Sections 11.2 Section 11.02 and 11.3 Section 11.03 if the Trustee in its discretion, or the Holders of a majority in aggregate principal amount at maturity of the Securities outstandingoutstanding Notes, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 11.04 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i6.01(1) or Section 6.01 (ii2).