Common use of Right to Initiate Judicial Proceedings, Etc Clause in Contracts

Right to Initiate Judicial Proceedings, Etc. If and only if the Collateral Trustees shall have received a Notice of Actionable Default and during such time as the Collateral Trustees shall not have received a notice of withdrawal of such Notice of Actionable Default in accordance with the provisions of Section 2.1(b) hereof, at the direction in writing of the Credit Facility Agent as provided in Section 2.2, the Corporate Trustee, and if the Corporate Trustee deems necessary or desirable, the Individual Trustee, jointly or individually as the Corporate Trustee may determine in its sole discretion, (i) shall have the right and power to institute and maintain such suits and proceedings as the Credit Facility Agent may deem appropriate to protect and enforce the rights vested in the Collateral Trustees by this Agreement and each Security Document, and (ii) may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights and to foreclose upon the Collateral and to sell all or, from time to time, any of the Collateral Trust Estate under the judgment or decree of a court of competent jurisdiction.

Right to Initiate Judicial Proceedings, Etc. If and only if (a) Upon the Collateral Trustees shall have received a Notice occurrence of Actionable Default and during such time as the Collateral Trustees shall not have received a notice continuance of withdrawal of such Notice of any Actionable Default in accordance with the provisions of Section 2.1(b) hereof, at the direction in writing of the Credit Facility Agent as provided in Section 2.2Default, the Corporate Trustee, and if the Corporate Trustee deems necessary or desirable, the Individual Trustee, jointly or individually as the Corporate Trustee may determine in its sole discretionmy determine, (i) shall have the right and power to institute and maintain such suits and proceedings as it or they, as the Credit Facility Agent case may be, or the Required Representatives may deem appropriate to protect and enforce the rights vested in the Collateral Trustees them by this Agreement and each Security Document, the other Collateral Documents and (ii) maymay either, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights and to foreclose upon the Collateral and to sell dispose of, collect or otherwise realize upon, all or, from time to time, or any portion of the Collateral Trust Estate under the judgment or decree of a court of competent jurisdiction. (b) If a receiver of the Collateral Trust Estate shall be appointed in judicial proceedings, the Collateral Trustees may be appointed as such receiver. Notwithstanding the appointment of a receiver, the Collateral Trustees shall be entitled to retain possession and control of all cash held by or deposited with them or their agents or co-trustees pursuant to any provision of this Agreement or any other Collateral Document.

Right to Initiate Judicial Proceedings, Etc. If Notwithstanding any other provision of this Agreement, upon the occurrence of and only if during the continuance of any Collateral Trust Agreement Default and the receipt by the Collateral Trustees shall have received of a Collateral Trust Agreement Default Notice of Actionable Default and during such time as the Collateral Trustees shall that has not have received a notice of withdrawal of such Notice of Actionable Default in accordance with the provisions of been withdrawn pursuant to Section 2.1(b) hereof, at the direction in writing of the Credit Facility Agent as provided in Section 2.24.0l(b), the Corporate Trustee, and if the Corporate Trustee deems necessary or desirable, the Individual Trustee, jointly or individually as the Corporate Trustee may determine in its sole discretiondetermine, (i) shall have the right and power to institute and maintain such suits and proceedings as it or they, as the Credit Facility Agent case may be, or the Required Representative may deem appropriate to protect and enforce the rights vested in the Collateral Trustees it by this Agreement and each Security Document, the other Collateral Documents and (ii) maymay either, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights and to foreclose upon the Collateral and to sell dispose of, collect or otherwise realize upon, all or, from time to time, or any portion of the Collateral Trust Estate under the judgment or decree of a court of competent jurisdiction.

Right to Initiate Judicial Proceedings, Etc. If and only if the Collateral Trustees shall have received a Notice of Actionable Default and during such time as the Collateral Trustees shall not have received a notice of withdrawal of such Notice of Actionable Default in accordance with the provisions of Section 2.1(b) hereof, at the direction in writing of the Credit Facility Agent as provided in Section 2.2, the Corporate Trustee, and if the Corporate Trustee deems necessary or desirable, the Individual Trustee, jointly or individually as the Corporate Trustee may determine in its sole discretion, (ia) shall have the right and power to institute and maintain such suits and proceedings as the Credit Facility Agent may deem appropriate to protect and enforce the rights vested in the Collateral Trustees by this Agreement and each Security Document, and (iib) may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights and to foreclose upon the Collateral and to sell all or, from time to time, any of the Collateral Trust Estate under the judgment or decree of a court of competent jurisdiction.

Right to Initiate Judicial Proceedings, Etc. If Upon the occurrence of and only if during the continuance of any Actionable Default and the receipt by the Collateral Trustees shall have received a Notice of an Actionable Default and during such time as the Collateral Trustees shall Notice that has not have received a notice of withdrawal of such Notice of Actionable Default in accordance with the provisions of been withdrawn pursuant to Section 2.1(b4.01(b) hereof, at the direction in writing of the Credit Facility Agent as provided in Section 2.2above, the Corporate Trustee, and if the Corporate Trustee deems necessary or desirable, the Individual Trustee, jointly or individually as the Corporate Trustee may determine in its sole discretiondetermine, (i) shall have the right and power to institute and maintain such suits and proceedings as it or they, as the Credit Facility Agent case may be, or the Required Representatives may deem appropriate to protect and enforce the rights vested in the Collateral Trustees them by this Agreement and each Security Document, the other Shared Collateral Documents and (ii) maymay either, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights and to foreclose upon the Collateral and to sell dispose of, collect or otherwise realize upon, all or, from time to time, or any portion of the Collateral Trust Estate under the judgment or decree of a court of competent jurisdiction.