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 a direction by the Controlling Priority Debt Representative, the other Priority Debt Representatives, 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 the Controlling Priority Debt Representative or any other Priority Debt Representative that in the 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. (c) The Collateral Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request, order or direction of the Controlling Priority Debt Representative or any other Priority Debt Representative pursuant to the provisions of this Agreement, unless such party shall have furnished to the Collateral Trustee security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or thereby.

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of a direction by the Controlling Priority Debt Representative, the other Priority Debt Representativesan Act of 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 the Controlling Priority Debt Representative or any other Priority Debt Representative an Act of Parity Lien Debtholders that in the 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. (c) The Collateral Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request, order or direction of the Controlling Priority Debt Representative or any other Priority Debt Representative Required Parity Lien Debtholders pursuant to the provisions of this Agreement, unless such party holders shall have furnished to the Collateral Trustee reasonable security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or thereby.

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of, including but not limited to, an Act of a direction by the Controlling Priority Debt Representative, the other Priority Debt RepresentativesParity Lien Debtholders, an Officers’ Certificate Certificate, written instructions from Parity Lien Representatives 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 the Controlling Priority Debt Representative or any other Priority Debt Representative an Act of Parity Lien Debtholders that in the 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. (c) The Collateral Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request, order or direction of the Controlling Priority Debt Representative Required Parity Lien Debtholders or any other Priority Debt Representative pursuant to an Act of Parity Lien Debtholders pursuant to the provisions of this Agreement, unless such party holders shall have furnished to the Collateral Trustee reasonable security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or thereby.

Solicitation of Instructions. (a) The Collateral Trustee Agent may at any time solicit written confirmatory instructions, in instructions from the form of a direction by the Controlling Priority Debt Representative, the other Priority Debt Representatives, an Officers’ Certificate Required Parity Lien Debtholders 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 DocumentsDocuments 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 the Controlling Priority Debt Representative or any other Priority Debt Representative Required Parity Lien Debtholders that in the 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. (c) The If so requested by the Collateral Trustee shall Agent, each Parity Lien Representative will provide the Collateral Agent with such information as may be under no obligation available to exercise any such Parity Lien Representative as to the names and addresses of the rights or powers vested in it by this Agreement at the request, order or direction holders of the Controlling Priority Series of Parity Lien Debt for which such Parity Lien Representative or any other Priority acts as Parity Lien Representative and the amount of Parity Lien Debt Representative pursuant outstanding to the provisions of this Agreement, unless each such party shall have furnished to the Collateral Trustee security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or therebyholder.

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of a direction by the Controlling Priority Debt Representative, the other Priority Debt Representativesan Act of Parity Lien 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 Parity Lien Security Documents. (b) No written direction given to the Collateral Trustee by the Controlling Priority Debt Representative or any other Priority Debt Representative an Act of Parity Lien Debtholders that in the 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. (c) The Collateral Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request, order or direction of the Controlling Priority Debt Representative or any other Priority Debt Representative Required Parity Lien Debtholders pursuant to the provisions of this Agreement, unless such party holders shall have furnished to the Collateral Trustee reasonable security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or thereby.

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of a direction by the Controlling Priority Debt Representative, the other Priority Debt Representativesan Act of Third 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 Third Lien Security Documents. (b) No written direction given to the Collateral Trustee by the Controlling Priority Debt Representative or any other Priority Debt Representative an Act of Third Lien Debtholders that in the 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 Third Lien Security Documents will be binding upon the Collateral Trustee unless the Collateral Trustee elects, at its sole option, to accept such direction. (c) The Collateral Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request, order or direction of the Controlling Priority Debt Representative or any other Priority Debt Representative Required Third Lien Debtholders pursuant to the provisions of this Agreement, unless such party holders shall have furnished to the Collateral Trustee reasonable security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or thereby.

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of a direction by the Controlling Priority Debt Representative, the other Priority Debt RepresentativesLien Representative Direction, 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, any Intercreditor Agreement or the other Security Documents, and may conclusively rely on such instructions as to such matter and such instructions shall be full warranty and protection to the Collateral Trustee for any action taken, suffered or omitted by it under the provisions of this Agreement, the Intercreditor Agreement and the other Security Documents. (b) No written or other direction given to the Collateral Trustee by the Controlling Priority Debt Lien Representative, whether by a Controlling Priority Lien Representative Direction or any other Priority Debt Representative otherwise, that in the 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. (c) The Collateral Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request, order or direction of the Controlling Priority Debt Representative or any other Priority Debt Representative pursuant to the provisions of this Agreement, unless such party shall have furnished to the Collateral Trustee security or indemnity reasonably satisfactory to it against the costs, expenses and liabilities including attorneys’ fees and expenses which may be incurred therein or thereby.