Common use of Restrictions on Certain Actions Clause in Contracts

Restrictions on Certain Actions. Notwithstanding any provision to ------------------------------- the contrary contained in this Indenture, the Indenture Trustee shall not foreclose the Lien of this Indenture or otherwise exercise remedies hereunder which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof as a result of an Indenture Event of Default that constitutes or occurs solely by virtue of one or more Lease Events of Default (at a time when no other Indenture Event of Default unrelated to any Lease Event of Default shall have occurred and be continuing) unless the Indenture Trustee, as security assignee of the Owner Trustee, has proceeded or is then currently proceeding, to the extent it is then entitled to do so hereunder and under the Lease and is not then stayed or otherwise prevented from doing so by operation of law, to terminate the Lease and repossess the Equipment as provided for in Section 15 of the Lease with respect to the Equipment, provided that in the event the Indenture Trustee shall be so stayed or otherwise prevented from exercising such remedies under the Lease, it shall in any event refrain from so foreclosing or exercising such other remedies hereunder for a period of not less than 270 days, and further provided that in the event the Lessee as debtor in a proceeding under Chapter 11 of the Bankruptcy Code (or any trustee appointed for the Lessee as debtor in any such bankruptcy case) shall have assumed the Lease with the approval of the bankruptcy court having jurisdiction over such case, under Section 365 of the Bankruptcy Code or any amended or successor version thereof, and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing and no Indenture Event of Default unrelated to a Lease Event of Default occurring solely pursuant to Section 14(g) or 14(h) of the Lease shall have occurred and be continuing, the Indenture Trustee shall refrain from so foreclosing or exercising such other remedies hereunder. Subject to Sections 4.4(a) and 4.4(b), nothing in this Section 4.4(c) shall prevent the Indenture Trustee from foreclosing or exercising such other remedies hereunder to the extent the Lessee fails to comply with any provisions of any order issued in connection with the assumption of the Lease and the Indenture Trustee has been stayed or otherwise prevented from exercising such remedies under the Lease for a period of not less than 270 days.

Restrictions on Certain Actions. Notwithstanding any provision of this Indenture to ------------------------------- the contrary contained in this Indenturecontrary, the Indenture Trustee shall not foreclose the Lien of this Indenture or otherwise exercise remedies hereunder which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof as a result of an Indenture Event of Default that constitutes or occurs solely by virtue of one or more Lease Events of Default (at a time when no other Indenture Event of Default unrelated to any Lease Event of Default shall have occurred and be continuing) unless the Indenture Trustee, Trustee as security assignee of the Owner Trustee, Trustee has proceeded or is then currently proceeding, to the extent it is then entitled to do so hereunder and under the Lease and is not then stayed or otherwise prevented from doing so by operation of law, to terminate exercise one (or more, as it shall in its good faith discretion determine) of the Lease and repossess the Equipment as comparable remedies provided for in Section 15 of the Lease with respect to the Equipment, provided that in the event the Indenture Trustee shall be so stayed or otherwise prevented from exercising such remedies under the Lease, it shall in any event refrain from so foreclosing or exercising such other remedies hereunder for a period of not less than 270 days90 days from the date such stay first went into effect, and further provided that in the event the Lessee as debtor in a proceeding under Chapter 11 of the Bankruptcy Code (or any trustee appointed for the Lessee as debtor in any such bankruptcy case) shall have assumed affirmed the Lease and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing, with the approval of the bankruptcy court having jurisdiction over such case, under Section 365 of the Bankruptcy Code or any amended or successor version thereof, and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing and no Indenture Event of Default unrelated to a Lease Event of Default occurring solely pursuant to Section 14(g) or 14(h) of the Lease shall have occurred and be continuing, the Indenture Trustee shall refrain from so foreclosing or exercising such other remedies hereunder. Subject to Sections 4.4(a) and 4.4(b), nothing in this Section 4.4(c) shall prevent the Indenture Trustee from foreclosing or exercising such other remedies hereunder to the extent the Lessee fails to comply with any provisions of any order issued in connection with the assumption of the Lease and the Indenture Trustee has been stayed or otherwise prevented from exercising such remedies under the Lease for a period of not less than 270 days.

Restrictions on Certain Actions. Notwithstanding any provision of this Indenture to ------------------------------- the contrary contained in this Indenturecontrary, the Indenture Trustee shall not foreclose the Lien of this Indenture or otherwise exercise remedies hereunder which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof as a result of an Indenture Event of Default that constitutes or occurs solely by virtue of one or more Lease Events of Default (at a time when no other Indenture Event of Default unrelated to any Lease Event of Default shall have occurred and be continuing) (it being acknowledged that an Indenture Event of Default arising under Section 2.10(f) shall be deemed to occur solely as a result of an Event of Default under Section 14(k) of the Lease) unless the Indenture Trustee, Trustee as security assignee of the Owner Trustee, Trustee has proceeded or is then currently proceeding, to the extent it is then entitled to do so hereunder and under the Lease and is not then stayed or otherwise prevented from doing so by operation of law, to terminate exercise one (or more, as it shall in its good faith discretion determine) of the Lease and repossess the Equipment as comparable remedies provided for in Section 15 of the Lease with respect to the Equipment, provided that in the event the Indenture Trustee shall be so stayed or otherwise prevented from exercising such remedies under the Lease, it shall in any event refrain from so foreclosing or exercising such other remedies hereunder for a period of not less than 270 90 days, and further provided that in the event the Lessee as debtor in a proceeding under Chapter 11 of the Bankruptcy Code (or any trustee appointed for the Lessee as debtor in any such bankruptcy case) shall have assumed affirmed the Lease and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing, with the approval of the bankruptcy court having jurisdiction over such case, under Section 365 of the Bankruptcy Code or any amended or successor version thereof, and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing and no Indenture Event of Default unrelated to a Lease Event of Default occurring solely pursuant to Section 14(g) or 14(h) of the Lease shall have occurred and be continuing, the Indenture Trustee shall refrain from so foreclosing or exercising such other remedies hereunder. Subject to Sections 4.4(a) and 4.4(b), nothing in this Section 4.4(c) shall prevent the Indenture Trustee from foreclosing or exercising such other remedies hereunder to the extent the Lessee fails to comply with any provisions of any order issued in connection with the assumption of the Lease and the Indenture Trustee has been stayed or otherwise prevented from exercising such remedies under the Lease for a period of not less than 270 days.

Restrictions on Certain Actions. Notwithstanding any provision to ------------------------------- the contrary contained in this Indenture, the Indenture Trustee shall not foreclose the Lien of this Indenture or otherwise exercise remedies hereunder which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof as a result of an Indenture Event of Default that constitutes or occurs solely by virtue of one or more Lease Events of Default (at a time when no other Indenture Event of Default unrelated to any Lease Event of Default shall have occurred and be continuing) unless the Indenture Trustee, as security assignee of the Owner Trustee, has proceeded or is then currently proceeding, to the extent it is then entitled to do so hereunder and under the Lease and is not then stayed or otherwise prevented from doing so by operation of law, to terminate the Lease and repossess the Equipment as provided for in Section 15 of the Lease with respect to the Equipment, provided that in the event the Indenture Trustee shall be so stayed or otherwise prevented from exercising such remedies under the Lease, it shall in any event refrain from so foreclosing or exercising such other remedies hereunder for a period of not less than 270 [90] days, and further provided that in the event the Lessee as debtor in a proceeding under Chapter 11 of the Bankruptcy Code (or any trustee appointed for the Lessee as debtor in any such bankruptcy case) shall have assumed the Lease with the approval of the bankruptcy court having jurisdiction over such case, under Section 365 of the Bankruptcy Code or any amended or successor version thereof, and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing and no Indenture Event of Default unrelated to a Lease Event of Default occurring solely pursuant to Section 14(g) or 14(h) of the Lease shall have occurred and be continuing, the Indenture Trustee shall refrain from so foreclosing or exercising such other remedies hereunder. Subject to Sections 4.4(a) and 4.4(b), nothing in this Section 4.4(c) shall prevent the Indenture Trustee from foreclosing or exercising such other remedies hereunder to the extent the Lessee fails to comply with any provisions of any order issued in connection with the assumption of the Lease and the Indenture Trustee has been stayed or otherwise prevented from exercising such remedies under the Lease for a period of not less than 270 [90] days.

Restrictions on Certain Actions. Notwithstanding any provision of ------------------------------- this Indenture to ------------------------------- the contrary contained in this Indenturecontrary, the Indenture Trustee shall not foreclose the Lien of this Indenture or otherwise exercise remedies hereunder which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof as a result of an Indenture Event of Default that constitutes or occurs solely by virtue of one or more Lease Events of Default (at a time when no other Indenture Event of Default unrelated to any Lease Event of Default shall have occurred and be continuing) unless the Indenture Trustee, Trustee as security assignee of the Owner Trustee, Trustee has proceeded or is then currently proceeding, to the extent it is then entitled to do so hereunder and under the Lease and is not then stayed or otherwise prevented from doing so by operation of law, to terminate exercise one (or more, as it shall in its good faith discretion determine) of the Lease and repossess the Equipment as comparable remedies provided for in Section 15 of the Lease with respect to the Equipment, provided that in the event the Indenture Trustee shall be so -------- stayed or otherwise prevented from exercising such remedies under the Lease, it shall in any event refrain from so foreclosing or exercising such other remedies hereunder for a period of not less than 270 90 days, and further provided that in ------- -------- the event the Lessee as debtor in a proceeding under Chapter 11 of the Bankruptcy Code (or any trustee appointed for the Lessee as debtor in any such bankruptcy case) shall have assumed the Lease with the approval of the bankruptcy court having jurisdiction over such case, under Section 365 of the Bankruptcy Code or any amended or successor version thereof, and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing and no Indenture Event of Default unrelated to a Lease Event of Default occurring solely pursuant to Section 14(g) or 14(h) of the Lease shall have occurred and be continuing, the Indenture Trustee shall refrain from so foreclosing or exercising such other remedies hereunder. Subject to Sections 4.4(a) and 4.4(b), nothing Nothing in this Section 4.4(c4.04(c) shall prevent the Indenture Trustee from foreclosing or exercising such other remedies hereunder to the extent the Lessee fails to comply with any provisions of any order issued in connection with the assumption of the Lease and the Indenture Trustee has been stayed or otherwise prevented from exercising such remedies under the Lease for a period of not less than 270 daysLease.

Restrictions on Certain Actions. Notwithstanding any provision of this Indenture to ------------------------------- the contrary contained in this Indenturecontrary, the Indenture Trustee shall not foreclose the Lien of this Indenture or otherwise exercise remedies hereunder which would result in the exclusion of the Owner Trustee from the Indenture Estate or any part thereof as a result of an Indenture Event of Default that constitutes or occurs solely by virtue of one or more Lease Events of Default (at a time when no other Indenture Event of Default unrelated to any Lease Event of Default shall have occurred and be continuing) unless the Indenture Trustee, Trustee as security assignee of the Owner Trustee, Trustee has proceeded or is then currently proceeding, to the extent it is then entitled to do so hereunder and under the Lease and is not then stayed or otherwise prevented from doing so by operation of law, to terminate exercise one (or more, as it shall in its good faith discretion determine) of the Lease and repossess the Equipment as comparable remedies provided for in Section 15 of the Lease with respect to the Equipment, provided that in the event the Indenture Trustee shall be so stayed or otherwise prevented from exercising such remedies under the Lease, it shall in any event refrain from so foreclosing or exercising such other remedies hereunder for a period of not less than 270 90 days, and further provided that in the event the Lessee as debtor in a proceeding under Chapter 11 of the Bankruptcy Code (or any trustee appointed for the Lessee as debtor in any such bankruptcy case) shall have assumed the Lease with the approval of the bankruptcy court having jurisdiction over such case, under Section 365 of the Bankruptcy Code or any amended or successor version thereof, and no Lease Event of Default other than as specified in Section 14(g) or Section 14(h) of the Lease has occurred and is continuing and no Indenture Event of Default unrelated to a Lease Event of Default occurring solely pursuant to Section 14(g) or 14(h) of the Lease shall have occurred and be continuing, the Indenture Trustee shall refrain from so foreclosing or exercising such other remedies hereunder. Subject to Sections 4.4(a) and 4.4(b), nothing Nothing in this Section 4.4(c4.04(c) shall prevent the Indenture Trustee from foreclosing or exercising such other remedies hereunder to the extent the Lessee fails to comply with any provisions of any order issued in connection with the assumption of the Lease and the Indenture Trustee has been stayed or otherwise prevented from exercising such remedies under the Lease for a period of not less than 270 daysLease.