Common use of Solicitation of Instructions Clause in Contracts

Solicitation of Instructions. (a) The Security Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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 Collateral Documents. (b) No written direction given to the Security Trustee by an Act of Required Debtholders that in the sole judgment of the Security Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Trustee any obligation not expressly set forth in this Agreement and the other Collateral Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Trustee as applicable, unless the Security Trustee, elects, at its sole option, to accept such direction.

Solicitation of Instructions. (a) The As to any matter not expressly provided for by this Agreement or the other Security Documents, the Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officer’s Certificate or an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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 Collateral Security Documents. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders Secured Parties that in the sole judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement and the other Collateral Security Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction. For the avoidance of doubt, Sections 7.9 and 7.10 shall apply with regard to any action taken by the Collateral Trustee in compliance with such request or direction.

Solicitation of Instructions. (a) The Security Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officer’s Certificate or an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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, and the Collateral DocumentsTrustee may await receipt of the respective confirmatory instructions before taking the respective such action. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders that in the sole judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement and the other Collateral Security Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction.

Solicitation of Instructions. (a) The Security 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, an opinion of counsel, or certificates, 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 any other Collateral DocumentsParity Lien Security Document. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders that in the sole reasonable judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement and the other Collateral Parity Lien Security Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction. The acceptance of such direction may be conditioned upon the delivery to the Collateral Trustee of security or indemnity satisfactory to it against any and all costs, losses, liabilities or expenses that may be incurred by it by reason of taking or continuing to take such direction.

Solicitation of Instructions. (a) The Security Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate, an opinion of counsel upon which the Collateral Trustee may conclusively rely or an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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 Collateral DocumentsDocuments and, subject to Section 5.05, will not be deemed to have breached its obligations pursuant to this Agreement by failing to take such action if such written confirmatory instructions are not provided. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders Secured Parties that in the sole judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement and the other Collateral Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction.

Solicitation of Instructions. (a) The Security Trustee Collateral Agent may at any time solicit written confirmatory instructions, in instructions from the form of an Act of Required Debtholders, Majority Note Holders or request an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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, the Security Agreement, any Subordination Agreement or the other Collateral DocumentsTransaction Documents 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 Security Trustee Collateral Agent by an Act of Required Debtholders the Purchasers that in the sole judgment of the Security Trustee Collateral Agent imposes, purports to impose or might reasonably be expected to impose upon the Security Trustee Collateral Agent any obligation or liability not expressly set forth in or arising under this Agreement, any Subordination Agreement, the Security Agreement and the other Collateral Transaction Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Trustee as applicable, Collateral Agent unless the Security Trustee, Collateral Agent elects, at its sole option, to accept such direction. (c) If so requested by the Collateral Agent, each Purchaser is authorized to provide, and shall provide, to the Collateral Agent with such information as may be available to such Purchaser as to the names and addresses of the Purchasers and the amount of Obligations outstanding to each such Purchaser.

Solicitation of Instructions. (a) The Security Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersCreditors, an Officer's Certificate or an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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 Collateral Security Documents, and shall be fully justified in failing or refusing to act whether under this Agreement or any other Security Document until it shall have received such requested instructions. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders Creditors that in the sole judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement and the other Collateral Security Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction.

Solicitation of Instructions. (a) The As to any matter not expressly provided for by this Agreement, the First Lien/Second Lien Intercreditor Agreement or the other Security Documents, the Collateral Trustee may at any time solicit written confirmatory instructions, as to which it may conclusively rely without liability, in the form of an Act of Required DebtholdersSecured Parties, an Officer’s Certificate or an order of a court of competent jurisdiction, an opinion of counsel, or certificates, 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, the First Lien/Second Lien Intercreditor Agreement or the other Collateral Security Documents. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders Secured Parties that in the sole judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement, the First Lien/Second Lien Intercreditor Agreement and the other Collateral Security Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction. For the avoidance of doubt, Sections 7.9 and 7.10 shall apply with regard to any action taken by the Collateral Trustee in compliance with such request or direction.

Solicitation of Instructions. (a) The Security 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, an opinion of counsel, or certificates, as to any action that it may be requested or required to taketake (unless the terms of this Agreement unambiguously mandate the action the Collateral Trustee is required to take under the circumstances then existing), or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Collateral Security Documents. (b) No written direction given to the Security Collateral Trustee by an Act of Required Debtholders that in the sole judgment of the Security Collateral Trustee imposes, purports to impose or might reasonably be expected to impose upon the Security Collateral Trustee any obligation or liability not expressly set forth in or arising under this Agreement and the other Collateral Security Documents to which it is a party, would result in the incurrence of liability by the Security Trustee or would be in violation of any applicable law, rule or regulation pertaining thereto, will be binding upon the Security Collateral Trustee as applicable, unless the Security Trustee, Collateral Trustee elects, at its sole option, to accept such direction.