Common use of Solicitation of Instructions Clause in Contracts

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that in the reasonable judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 5 contracts

Samples: Collateral Trust Agreement (Stream Global Services, Inc.), Collateral Trust Agreement (Acco Brands Corp), Collateral Trust Agreement (Leap Wireless International Inc)

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Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 5 contracts

Samples: Collateral Trust Agreement, Collateral Trust Agreement (GXS Investments, Inc.), Collateral Trust Agreement (Cheniere Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee Agent may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee Agent by an Act of Required Debtholders Secured Parties that in the reasonable sole judgment of the Collateral Trustee Agent imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee Agent any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee Agent unless the Collateral Trustee Agent elects, at its sole option, to accept such direction.

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp), Intercreditor Agreement (Alion Science & Technology Corp), Intercreditor Agreement (Alion - BMH CORP)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders Debtholders, that in the reasonable judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 3 contracts

Samples: Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Indenture (EFIH Finance Inc.), Collateral Trust Agreement (EFIH Finance Inc.)

Solicitation of Instructions. (a) The Collateral Trustee Agent may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee Agent by an Act of Required Debtholders Secured Parties that in the reasonable sole judgment of the Collateral Trustee Agent imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee Agent any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee Agent unless the Collateral Trustee Agent elects, at its sole option, to accept such direction.

Appears in 3 contracts

Samples: Collateral Agency Agreement, Collateral Agency Agreement (Gogo Inc.), Collateral Agency Agreement (Gogo Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders Secured Parties that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 3 contracts

Samples: Collateral Trust Agreement, Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement (Carmike Cinemas Inc)

Solicitation of Instructions. (a) The Collateral Trustee Agent may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or and the other Security Collateral Documents. (b) No Any written direction given to the Collateral Trustee Agent by an Act of Required Instructing Debtholders that in the reasonable sole judgment of the Collateral Trustee Agent imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee Agent any obligation or liability not set forth in or arising under this Agreement and the other Security Collateral Documents will not be binding upon the Collateral Trustee Agent unless the Collateral Trustee Agent elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Banro Corp), Collateral Trust Agreement (Banro Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers' Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or Agreement, the other Security Documents or any Powerton/Joliet Lease Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Instructing Debtholders that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will not be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Midwest Generation LLC), Collateral Trust Agreement (Midwest Generation LLC)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers' Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/), Collateral Trust Joinder (Iwo Holdings Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders Secured Parties that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Collateral Trust Agreement (INNOVATE Corp.), Collateral Trust Agreement (Foresight Energy LP)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that in the reasonable judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.), Term Loan Credit Agreement (MRC Global Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate Instructing Debtholders or an order of a court of competent jurisdiction, as to any action that which it may be requested or required to take, or that which it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsAgreement. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that Instructing Debtholders, which in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will shall be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Collateral Trust Agreement (NRG Energy, Inc.), Collateral Trust Agreement (NRG Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or and the other Security Documents. (b) No Any written direction given to the Collateral Trustee by an Act of Required Instructing Debtholders that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will not be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (Entravision Communications Corp), Collateral Trust and Intercreditor Agreement (Geokinetics Inc)

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Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate Officer’s Certificate, an opinion of counsel or an order of a court of competent jurisdiction, as to any discretionary action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Collateral Trust Agreement (American Casino & Entertainment Properties LLC)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders Secured Parties that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Parity Lien Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Collateral Trust Agreement (Alliance One International, Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, jurisdiction as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that in the reasonable judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that which it may be requested or required to take, or that which it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsAgreements. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders that Instructing Debtholders, which in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will shall be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Revolving Credit Agreement (GenOn Energy, Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholdersa written confirmation from the Administrative Agent, an Officers’ Certificate Crest or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Debtholders the Administrative Agent or Crest that in the reasonable sole judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Parity Lien Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents. (b) No written direction given to the Collateral Trustee by an Act of Required Parity Lien Debtholders that in the reasonable judgment of the Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee any obligation or liability not set forth in or arising under this Agreement and the other Parity Lien Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Collateral Trust Agreement (Goodman Networks Inc)

Solicitation of Instructions. (a) The Collateral Trustee Agent may at any time solicit written confirmatory instructions, in instructions from the form of an Act of Required Debtholders, an Officers’ Certificate Administrative Agent or any Swap Counterparty or request an order of a court of competent jurisdiction, jurisdiction as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsInstruments and may suspend performance of such obligations as it determines to be appropriate until it receives such instructions or order. (b) No written direction given to the Collateral Trustee Agent by an Act of Required Debtholders the Administrative Agent or any Swap Counterparty that in the reasonable sole judgment of the Collateral Trustee Agent imposes, purports to impose or might reasonably be expected to impose upon the Collateral Trustee Agent any obligation or liability not set forth in or arising under this Agreement and the other Security Documents will be binding upon the Collateral Trustee Agent unless the Collateral Trustee Agent elects, at its sole option, to accept such direction.

Appears in 1 contract

Samples: Intercreditor Agreement (Gastar Exploration Inc.)

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