Common use of Suits to Protect Collateral Clause in Contracts

Suits to Protect Collateral. Subject to the provisions of the Common Security and Intercreditor Agreement, the Trustee, acting at the written direction of Holders of a majority of the aggregate principal amount of the Securities then Outstanding, shall have power to institute and to maintain, or direct the Collateral Agent to institute and maintain, such suits and proceedings as the Trustee may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Liens of each Collateral Agent in the Collateral or be prejudicial to the interests of the Holders or the Trustee). Nothing in this Section 1505 shall prohibit, restrict or prevent the Holders, upon the vote or consent of the Holders of a majority of the aggregate principal amount of the Securities then Outstanding, to institute such suits or proceedings independently of the Trustee and/or the Collateral Agent.

Suits to Protect Collateral. Subject to the provisions of the Common Security and Intercreditor Agreement, the TrusteeAdministrative Agent, acting at the written direction of Holders of a majority of the aggregate principal amount of the Securities then OutstandingRequired Lenders, shall have power to institute and to maintain, or direct the Collateral Agent to institute and maintain, such suits and proceedings as the Trustee Administrative Agent may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Security Documents or this IndentureAgreement, and such suits and proceedings as the Trustee Administrative Agent may deem expedient to preserve or protect its interests interest and the interests of the Holders Lenders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Liens of each the Collateral Agent in the Collateral or be prejudicial to the interests of the Holders Lender or the TrusteeAdministrative Agent). Nothing in this Section 1505 10.9 shall prohibit, restrict or prevent the Lenders and New Tranche A Notes Holders, upon the vote or consent of the Holders of a majority of the aggregate principal amount of the Securities then OutstandingRequired Lenders, to institute such suits or proceedings independently of the Trustee Administrative Agent and/or the Collateral Agent.

Suits to Protect Collateral. Subject to the provisions of the Common Security and Intercreditor Agreement, the Trustee, acting at the written direction of Holders of a majority of the aggregate principal amount of the Securities then Outstanding, shall have power to institute and to maintain, or direct the Collateral Agent to institute and maintain, such suits and proceedings as the Trustee may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Liens of each Collateral Agent in the Collateral or be prejudicial to the interests of the Holders or the Trustee). Nothing in this Section 1505 shall prohibit, restrict or prevent the HoldersHolders or the Lenders, upon the vote or consent of the Holders of a majority of the aggregate principal amount of the Securities then Outstanding, to institute such suits or proceedings independently of the Trustee and/or the Collateral Agent.. 151

Suits to Protect Collateral. Subject to the provisions of the Common Security and Intercreditor Agreement, the Trustee, acting at the written direction of Holders of a majority of the aggregate principal amount of the Securities then Outstanding, shall have power to institute and to maintain, or direct the Collateral Agent to institute and maintain, such suits and proceedings as the Trustee may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Liens of each Collateral Agent in the Collateral or be prejudicial to the interests of the Holders or the Trustee). Nothing in this Section 1505 shall prohibit, restrict or prevent the Holders, upon the vote or consent of the Holders of a majority of the aggregate principal amount of the Securities then Outstanding, to institute such suits or proceedings independently of the Trustee and/or the Collateral Agent.. 144