Common use of Remedies with Respect to Indenture Estate Clause in Contracts

Remedies with Respect to Indenture Estate. (a) After an Indenture Event of Default shall have occurred and so long as such Indenture Event of Default shall be continuing, then and in every such case the Indenture Trustee, as assignee hereunder of the Lease or as mortgagee hereunder of the Equipment or otherwise, may, and when required pursuant to the provisions of Article VI hereof shall, subject to Sections 5.04 and 5.05, exercise any or all of the rights and powers and pursue any and all of the remedies pursuant to Section 15 of the Lease and this Article V and may recover judgment in its own name as Indenture Trustee against the Indenture Estate and may take possession of all or any part of the Indenture Estate, and may exclude the Owner Trustee and the Owner Participant and all persons claiming under any of them wholly or partly therefrom; provided, however, that nothing in this Indenture shall permit or require the Indenture Trustee to take any action contrary to, or to disturb, the Lessee's rights under the Lease, except in accordance with the provisions of the Lease. The Indenture Trustee, after the occurrence of any Indenture Event of Default, shall give the Owner Participant and the Owner Trustee 5 Business Days' (or such shorter period as practical) prior notice of the date before which the Indenture Trustee shall not exercise any remedy which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof; provided, that the failure to give such notice shall have no effect on any action taken by the Indenture Trustee.

Remedies with Respect to Indenture Estate. (a) After an ----------------------------------------- Indenture Event of Default shall have occurred and so long as such Indenture Event of Default shall be continuing, then and in every such case the Indenture Trustee, as assignee hereunder of the Lease or as mortgagee hereunder of the Equipment or otherwise, may, and when required pursuant to the provisions of Article VI V hereof shall, subject to Sections 5.04 4.4 and 5.054.5, exercise any or all of the rights and powers and pursue any and all of the remedies pursuant to Section 15 of the Lease and this Article V IV and may recover judgment in its own name as Indenture Trustee against the Indenture Estate and may take possession of all or any part of the Indenture Estate, and may exclude the Owner Trustee and the Owner Participant and all persons Persons claiming under any of them wholly or partly therefrom; provided, however, that nothing contained in this Indenture shall permit or require the Indenture Trustee to take any action contrary to, or to disturb, the Lessee's rights under the Lease, except in accordance with the provisions of the Lease. The Indenture Trustee, after the occurrence of any Indenture Event of Default, shall give the Owner Participant and the Owner Trustee 5 Business Days' (or such shorter period as practical) prior notice of the date before which the Indenture Trustee shall not exercise any remedy which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof; provided, that the failure to give such notice shall have no effect on any action taken by the Indenture Trustee.

Remedies with Respect to Indenture Estate. (a) After an ----------------------------------------- Indenture Event of Default shall have occurred and so long as such Indenture Event of Default shall be continuing, then and in every such case the Indenture Trustee, as assignee hereunder of the Lease or as mortgagee hereunder of the Equipment or otherwise, may, and when required pursuant to the provisions of Article VI V hereof shall, subject to Sections 5.04 4.4 and 5.054.5, exercise any or all of the rights and powers and pursue any and all of the remedies pursuant to Section 15 of the Lease and this Article V IV and may recover judgment in its own name as Indenture Trustee against the Indenture Estate and may take possession of all or any part of the Indenture Estate, and may exclude the Owner Trustee and the Owner Participant and all persons Persons claiming under any of them wholly or partly therefrom; provided, however, that nothing contained in this Indenture shall permit or require the Indenture Trustee to take any action contrary to, or to disturb, the Lessee's rights under the Lease, except in accordance with the provisions of the Lease. The Indenture Trustee, after the occurrence of any Indenture Event of Default, shall give the Owner Participant and the Owner Trustee 5 10 Business Days' (or such shorter period as practical) prior notice of the date before which the Indenture Trustee shall not exercise any remedy which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof; provided, that the failure thereof other than pursuant to give such notice shall have no effect on any action taken by the Indenture TrusteeSection 4.3(b).

Remedies with Respect to Indenture Estate. (a) After an Indenture Event of Default shall have occurred and so long as such Indenture Event of Default shall be continuing, then and in every such case the Indenture Trustee, as assignee hereunder of the Lease or as mortgagee hereunder of the Equipment or otherwise, may, and when required pursuant to the provisions of Article VI hereof shall, subject to Sections 5.04 and 5.05, exercise any or all of the rights and powers and pursue any and all of the remedies pursuant to Section 15 of the Lease and this Article V and may recover judgment in its own name as Indenture Trustee against the Indenture Estate and may take possession of all or any part of the Indenture Estate, and may exclude the Owner Trustee and the Owner Participant and all persons claiming under any of them wholly or partly therefrom; provided, however, that nothing in this Indenture shall permit or require the Indenture Trustee to take any action contrary to, or to disturb, the Lessee's rights under the Lease, except in accordance with the provisions of the Lease. The Indenture Trustee, after the occurrence of any Indenture Event of Default, shall give the Owner Participant and the Owner Trustee 5 10 Business Days' (or such shorter period as practical) prior notice of the date before which the Indenture Trustee shall not exercise any remedy which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof; provided, however, such notice period shall not be in addition to any other notice period provided herein and; provided, further, that the failure to give such notice shall have no effect on any action taken by the Indenture Trustee.