Common use of Suits to Protect the Collateral Clause in Contracts

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 and the Intercreditor Agreements, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreements, the Indenture Trustee shall have the power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Notes Collateral by any acts which that may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Notes 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 Lien on the Notes Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreements, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunderObligations. Subject to the provisions of the Security DocumentsDocuments (including the Intercreditor Agreements), the Indenture Trustee Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture TrusteeCollateral Agent, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders Holders, the Collateral Agent or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofNine hereof and the terms, conditions and provisions of the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Noteholder Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce Enforce any of the terms of the Security Documents; and (b) collect Collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the terms, conditions and provisions of this Indenture and the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 12.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject Upon the occurrence and during the continuation of an Event of Default and subject to the provisions of Article 6 hereofthe Intercreditor Agreements, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Note Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Note Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Note Security DocumentsDocuments and the Intercreditor Agreements, the Indenture Trustee shall have the power (but not to, or direct the obligation) to Note Collateral Agent to, institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be that the Trustee reasonably believes are unlawful or in violation of any of the Note Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may reasonably deem expedient to preserve or protect its the interests of the Note Collateral Agent and the Trustee 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 1504 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (ai) enforce any of the terms of the Security Collateral Documents; and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Collateral Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Collateral Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 11.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Security Documents, the Indenture Trustee in its sole discretion and without Trustee, at the consent direction of a majority of the Holders, on behalf of the Holders, following the occurrence of an Event of Default that is continuing, may or may instruct the Notes Collateral Agent in writing to take all actions it deems reasonably determines are necessary or appropriate in order to: (ai) enforce any of the terms of the Security Documents; and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee and the Notes Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power Collateral. Nothing in this Section 12.03 shall be considered to institute and maintain suits impose any such duty or proceedings obligation 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 Lien act on the Collateral or be prejudicial to the interests part of the Holders Trustee or the Indenture Trustee)Notes Collateral Agent.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVII hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture The Trustee shall have power (but not to instruct the obligation) Collateral Agent to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of the terms hereof or any of the Security Documents or this IndentureDocuments, and to instruct the Collateral Agent to institute and maintain such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on Liens of the Collateral Security Documents or be prejudicial to the interests of the Holders or the Indenture Trustee). The Trustee shall also have the power to institute and to maintain suits against the Collateral Agent, the Company, the Issuer, the Secured Creditor's Representatives and the Secured Creditors to the extent the Collateral Agent does not follow the foregoing instructions or as otherwise necessary to cause the Collateral Agent, the Company, the Issuer, the Secured Creditor's Representatives and the Secured Creditors to fulfill their obligations under the Collateral Agency Agreement or the Security Documents.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer Issuers hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofSix hereof and the Security Documents, the Indenture Trustee in its sole discretion and without Trustee, at the consent direction of a majority of the Holders, on behalf of the Holders, following the occurrence of an Event of Default that is continuing, may or may instruct the applicable Notes Collateral Agent in writing to take all actions it deems reasonably determines are necessary or appropriate in order to: (ai) enforce any of the terms of the Security Documents; and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee and each Notes Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power Collateral. Nothing in this Section 1403 shall be considered to institute and maintain suits impose any such duty or proceedings obligation 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 Lien act on the Collateral or be prejudicial to the interests part of the Holders Trustee or the Indenture Trustee)any Notes Collateral Agent.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, this Indenture and the Indenture Intercreditor Agreement (or, if applicable, any Additional Intercreditor Agreement), the Trustee and the Security Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it either of them 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 Documents, this Indenture or this Indenturethe Intercreditor Agreement (or, if applicable, any Additional Intercreditor Agreement), and such suits and proceedings as the Indenture TrusteeTrustee or the Security Agent, in its their sole discretion, may deem expedient to preserve or protect its their interests and the interests of the Holders Holders, the Trustee and the Security Agent 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 unconstitutional, ultra xxxxx or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Lien lien on the Collateral or be prejudicial to the interests of the Holders Holders, the Trustee or the Indenture TrusteeSecurity Agent).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofSeven hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Noteholder Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, this Indenture and the Indenture First Lien Intercreditor Agreement (or, if applicable, any Additional Intercreditor Agreement), the Trustee and the Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it either of them 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 Documents, this Indenture or this Indenturethe First Lien Intercreditor Agreement (or, if applicable, any Additional Intercreditor Agreement), and such suits and proceedings as the Indenture TrusteeTrustee or the Collateral Agent, in its their sole discretiondiscretion (and without any obligation), may deem expedient to preserve or protect its their interests and the interests of the Holders Holders, the Trustee and the Collateral Agent 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 unconstitutional, ultra xxxxx or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Lien lien on the Collateral or be prejudicial to the interests of the Holders Holders, the Trustee or the Indenture TrusteeCollateral Agent).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Security Documents, the Indenture Trustee Trustee, following an Event of Default, in its sole discretion and without the consent of the Holdersdiscretion, on behalf of the Holders, or the Holders holding a majority of the aggregate principal amount of the Notes may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture TrusteeCollateral Agent, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 12.05 shall be considered to impose any such duty or obligation to act on the part of the Collateral Agent.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer Company hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofthis Indenture, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall will have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its the interests of the Noteholders and any applicable Enhancement Provider and the interests of the Indenture Trustee and the Holders of the Notes 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 Lien on the Collateral Security Interest or be prejudicial to the interests of the Holders of the Notes or the Indenture Trustee). No counterparties to an Enhancement Agreement may direct the Indenture Trustee to enforce the Security Interest. Each Enhancement Provider's rights consist solely of the right to receive collections allocated for its benefit pursuant to the related Indenture Supplement.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofSeven hereof and the provisions of the Intercreditor Agreement (if any), the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Note Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce Enforce any of the terms of the Security Documents; and (b) collect Collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the terms, conditions and provisions of this Indenture and the Security DocumentsDocuments and the Intercreditor Agreement (if any), the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note 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 Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Note 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 Lien Note Liens on the Note Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documentsthis Indenture, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its the interests of the Noteholders and any applicable Enhancement Provider and the interests of the Indenture Trustee and the Holders of the Notes 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 Lien on the Collateral Security Interests or be prejudicial to the interests of the Holders of the Notes or the Indenture Trustee). No counterparties to an Enhancement Agreement may direct the Indenture Trustee to enforce the Security Interest. Each Enhancement Provider's rights consist solely of the right to receive collections allocated for its benefit pursuant to the related Indenture Supplement.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee Security Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 IndentureIndenture upon the instructions of the Trustee, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may deem expedient Security Agent is directed upon the instruction of the Trustee to preserve or protect its the security interests and the interests of the Holders in the Collateral created under the Security Documents (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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Notwithstanding any other provision of this Indenture, neither the Trustee nor the Security Agent has any responsibility for the validity, perfection, priority or enforceability of the Lien on the Collateral or other security interest and the Trustee and the Security Agent shall have no obligation to take (or, in the case of the Trustee, direct the Security Agent to take) any action to procure or maintain such validity, perfection, priority or enforceability.

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Security Documents and the Junior Priority Intercreditor Agreements, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Junior Priority Intercreditor Agreements, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (ai) enforce any of the terms of the Notes Security Documents; and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Notes Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Notes Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 11.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Note Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunderCompany, Holdings and each Guarantor under this Indenture and the Security Documents. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Parity Junior Lien Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Note Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer Issuers hereunder. Subject to the provisions of the Note Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Note Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofSix of the Base Indenture and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 12.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVII hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunderCompany and the Guaranteed Obligations of each Subsidiary Guarantor under this Indenture and the Security Documents. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVII hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of Securities or the Issuer hereunderSubsidiary Guarantees thereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture TrusteeTrustee under the Security Documents or this Indenture).

Suits to Protect the Collateral. Subject to the provisions of Article 6 Seven hereof, the Indenture Security Documents and the Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Indenture Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders Noteholder Secured Parties). Nothing in this Section 10.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Indenture Trustee)Collateral Agent.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofhereof and the Intercreditor Agreement and the Collateral Trust Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Trustee to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer Company hereunder. Subject to the provisions of the Security Documents, the Indenture Intercreditor Agreement and the Collateral Trust Agreement, the Trustee shall have power (but not the obligation) to institute and to maintain such maintain, or to direct the Notes Collateral Trustee to institute and maintain, suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject Upon the occurrence of an Event of Default and subject to the provisions of the Security Documents and Article 6 hereof13 of this Indenture, (i) the Indenture Trustee may, in its sole discretion and without the consent of the HoldersSecurityholders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Security Documents; and Documents and (b) collect and receive any and all amounts payable in respect of the Secured Obligations obligations of the Issuer hereunder. Subject to Grantors and (ii) the provisions of the Security Documents, the Indenture Trustee shall have the power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 the Indenture, and including such suits and proceedings as the Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its interests and the interests of the Holders Securityholders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 Lien on the Collateral security interests or be prejudicial to the interests of the Holders Securityholders or the Indenture Trustee), except as otherwise provided in Sections 4.9 (b) and 12.17 4.10.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofNine, the Indenture Intercreditor Agreement and the Security Documents, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not to instruct the obligation) Notes Collateral Agent to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power to instruct the Notes Collateral Agent 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 Lien Security Interests). Nothing in this Section 10.6 shall be considered to impose any such duty or obligation to act on the Collateral or be prejudicial to the interests part of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Security Documents and the First Lien Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the First Lien Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the First Lien Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject Upon the occurrence of an Event of Default and subject to the provisions of the Security Documents and Article 6 hereof13 of this Indenture, (i) the Indenture Trustee may, in its sole discretion and without the consent of the HoldersSecurityholders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Security Documents; and Documents and (b) collect and receive any and all amounts payable in respect of the Secured Obligations obligations of the Issuer hereunder. Subject to Grantors and (ii) the provisions of the Security Documents, the Indenture Trustee shall have the power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 the Indenture, and including such suits and proceedings as the Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its interests and the interests of the Holders Securityholders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 Lien on the Collateral security interests or be prejudicial to the interests of the Holders Securityholders or the Indenture Trustee), except as otherwise provided in Sections 4.9 and 4.10.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Noteholder Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. (a) Subject to the provisions of Article 6 hereofthe Share Pledges and the Intercreditor Agreement, the Indenture Trustee Security Agent and/or, to the extent required by applicable law, the Trustee, in its sole discretion the name and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Share Pledges or this Indenture, and such suits and proceedings as the Indenture TrusteeSecurity Agent, in its sole discretion, may deem expedient to preserve or protect its the security interests and the interests of the Holders in the Collateral created under the Share Pledges (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 Lien Liens on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Notwithstanding any other provision of this Indenture, neither the Trustee nor the Security Agent has any responsibility for the validity, perfection, priority or enforceability of any Lien, Share Pledge or other security interest. The Trustee shall have no obligation to take (or direct the Security Agent to take) any action to procure or maintain such validity, perfection, priority or enforceability.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture The Trustee shall have power (but not to instruct the obligation) Collateral Agent to institute and to maintain such suits and proceedings as it may deem expedient to 69 prevent any impairment of the Collateral by any acts which may be unlawful or in violation of the terms hereof or any of the Security Documents or this IndentureDocuments, and to instruct the Collateral Agent to institute and maintain such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on Liens of the Collateral Security Documents or be prejudicial to the interests of the Holders or the Indenture Trustee). The Trustee shall also have the power to institute and to maintain suits against the Collateral Agent, the Company, the Issuer, the Secured Creditor's Representatives and the Secured Creditors to the extent the Collateral Agent does not follow the foregoing instructions or as otherwise necessary to cause the Collateral Agent, the Company, the Issuer, the Secured Creditor's Representatives and the Secured Creditors to fulfill their obligations under the Collateral Agency Agreement or the Security Documents.

Suits to Protect the Collateral. Subject to the provisions terms of Article 6 hereofthe Intercreditor Agreement, the Indenture Trustee may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Security Documents; and Documents and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to Issuers and the provisions of Guarantors hereunder and under the Notes, the Security DocumentsDocuments and the Registration Rights Agreement. To the extent permitted under the Security Documents and this Indenture, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of this Indenture or the Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its interests and the interests interest of the Holders in the Collateral and in the proceeds, profits, rents, revenues and other income arising therefrom (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 Lien on the Collateral Security Interest thereunder or be prejudicial to the interests interest of the Holders or of the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunderIssuer, Holdings and each Guarantor under this Indenture and the Security Documents. Subject to the provisions of the Security Documents, the Indenture Intercreditor Agreement and Articles 11 and 13 of this Indenture, the Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem 78 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVI hereof and the Security Documents, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may may, and upon direction of a majority of Holders shall, direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 13.6 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofthis Indenture, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall will have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient is directed to take by the Servicer prior to the occurrence of an Event of Default or that it deems necessary after the occurrence of an Event of Default in order 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 Indenture Trustee, Trustee is directed to take by the Servicer prior to the occurrence of an Event of Default or that it deems necessary after the occurrence of an Event of Default in its sole discretion, may deem expedient order to preserve or protect its the interests of the Noteholders and any applicable Derivative Counterparty and the interests of the Indenture Trustee and the Holders of the Notes 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 Lien on the Collateral Security Interests or be prejudicial to the interests of the Holders of the Notes or the Indenture Trustee). No counterparties to a Derivative Agreement may direct the Indenture Trustee to enforce the Security Interest. Each Derivative Counterparty’s rights consist solely of the right to receive Collections allocated for its benefit pursuant to the related Indenture Supplement.

Suits to Protect the Collateral. (a) Subject to the provisions of Article 6 hereof7 hereof and the Pledge Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (ai) enforce any of the terms of the Security DocumentsPledge Agreement; and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of CCL, the Co-Issuer hereunder. and each Guarantor. (b) Subject to the provisions of the Security DocumentsPledge Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Pledge Agreement or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunderObligations. Subject to the provisions of the Security DocumentsDocuments (including the Intercreditor Agreement), the Indenture Trustee Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture TrusteeCollateral Agent, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders Holders, the Collateral Agent or the Indenture Trustee). Anything herein to the contrary notwithstanding, in no case shall the Collateral Agent have any obligation to institute and maintain such suits.

Suits to Protect the Collateral. Subject Upon the occurrence and during the continuation of an Event of Default and subject to the provisions of Article 6 hereofthe Intercreditor Agreements, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Note Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Note Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Note Security DocumentsDocuments and the Intercreditor Agreements, the Indenture Trustee shall have the power (but not to, or direct the obligation) to Note Collateral Agent to, institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be that the Trustee reasonably believes are unlawful or in violation of any of the Note Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may reasonably deem expedient to preserve or protect its the interests of the Note Collateral Agent and the Trustee 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 1504 shall be considered to impose any such duty or obligation to act on the part of the Trustee or Note Collateral Agent.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Security Obligations of the Issuer Company hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreements, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Notes/Term Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Collateral Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsCollateral Documents and the Intercreditor Agreements, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Collateral Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofthe TCHI Note Mortgage Documents, (i) the Indenture Trustee may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Security Documents; and TCHI Note Mortgage Documents and (b) collect and receive any and all amounts payable in respect of the Secured Obligations obligations of the Issuer hereunder. Subject to and the provisions of Partnership and (ii) the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 TCHI Note Mortgage Documents or this Indenture, and including such suits and proceedings as the Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 Lien on the Collateral security interests or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7, should any Event of Default have occurred and be continuing, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have the power (but not the obligation) ), should any Event of Default have occurred and be continuing, to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which that may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Notes 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 Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Notes 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 Lien on the Notes Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Senior Subordinated Note Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations guaranteed obligations of the Issuer Company hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien Liens on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. (a) Subject to the provisions of Article 6 hereof7 hereof and the Security Documents, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer, the Co-Issuer hereunder. and each Guarantor. (b) Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVII hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may, or may direct the Notes Collateral Agent to, take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Notes Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofthe Senior Note Mortgage Documents, (i) the Indenture Trustee may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Security Documents; and Senior Note Mortgage Documents and (b) collect and receive any and all amounts payable in respect of the Secured Obligations obligations of the Issuer hereunder. Subject to and the provisions of Partnership and (ii) the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Senior Note Mortgage Documents or this Indenture, and including such suits and proceedings as the Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 Lien on the Collateral security interests or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Intercreditor Agreement and the Collateral Agency Agreement the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Collateral Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Collateral Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Collateral Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVII hereof and the Security Documents, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 12.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofVII, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) to enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Documents Subject to the provisions of the Security Documents, the Indenture Trustee shall have the power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Notes Collateral by any acts which that may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Notes 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 Lien on the Notes Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofSix hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 1405 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, this Senior Secured Notes Indenture, the Indenture 2007 Intercreditor Agreement and the First Lien Intercreditor Agreement (or, if applicable, any Additional Intercreditor Agreement), the Trustee and the Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it either of them 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 Documents, this Senior Secured Notes Indenture, the 2007 Intercreditor Agreement or this Indenturethe First Lien Intercreditor Agreement (or, if applicable, any Additional Intercreditor Agreement), and such suits and proceedings as the Indenture TrusteeTrustee or the Collateral Agent, in its their sole discretion, may deem expedient to preserve or protect its their interests and the interests of the Holders Holders, the Trustee and the Collateral Agent 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 unconstitutional, ultra xxxxx or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the Lien lien on the Collateral or be prejudicial to the interests of the Holders Holders, the Trustee or the Indenture TrusteeCollateral Agent).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreements, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Collateral Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsCollateral Documents and the Intercreditor Agreements, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Collateral Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 13.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Senior Note Collateral Agent to take all actions it deems necessary or appropriate in order to: (a1) enforce any of the terms of the Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Secured Obligations guaranteed obligations of the Issuer Company hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien Liens on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Security Documents and the Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Security Obligations of the Issuer Company hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Intercreditor Agreement and the Collateral Trust Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Collateral Trustee to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Secuirty Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 10.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7, at any time that an Event of Default has occurred and is continuing, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, at any time that an Event of Default has occurred and is continuing, the Indenture Trustee shall have the power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which that may be unlawful or in violation of any of the Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the terms, conditions and provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Second Lien Collateral Agent to take all actions it deems necessary or appropriate in order to: : (ai) enforce any of the terms of the Security Documents; and and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer Company hereunder. Subject to the terms, conditions and provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien Liens on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofThe Trustee may, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Pledge and Security Documents; and Agreement as and to the extent provided therein and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunderIndenture Obligations. Subject to Section 11.1 of this Indenture and to the provisions of the Pledge and Security DocumentsAgreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Pledge and Security Documents Agreement or this Indenture, and such suits and proceedings as including the Indenture Trustee, in its sole discretion, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the Lien on security interests in the Collateral in contravention of this Indenture or the Pledge and Security Agreement or be prejudicial to the interests of the Holders or of the Indenture Trustee). The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Security Documents and the First Lien Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the First Lien Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsDocuments and the First Lien Intercreditor Agreement and the ABL Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereof7 hereof and the Intercreditor Agreement, the Indenture Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Collateral Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security DocumentsCollateral Documents and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Collateral Documents or this Indenture, and such suits and proceedings as the Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 13.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture New Intercreditor Agreement and the Existing Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer Issuers hereunder. Subject to the provisions of the Security Documents, the Indenture New Intercreditor Agreement and the Existing Intercreditor Agreement, the Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).

Suits to Protect the Collateral. Subject to the provisions of Article 6 Six hereof, the Indenture Security Documents and the Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer obligations hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee). Nothing in this Section 1405 shall be considered to impose any such duty or obligation to act on the part of the Trustee.

Suits to Protect the Collateral. Subject to the provisions of Article 6 hereofSix hereof and the Security Documents, the Indenture Trustee in its sole discretion and without Trustee, at the consent direction of a majority of the Holders, on behalf of the Holders, following the occurrence of an Event of Default that is continuing, may or may instruct the Notes Collateral Agent in writing to take all actions it deems reasonably determines are necessary or appropriate in order to: (ai) enforce any of the terms of the Security Documents; and (bii) collect and receive any and all amounts payable in respect of the Secured Obligations of the Issuer hereunder. Subject to the provisions of the Security Documents, the Indenture Trustee and each Notes Collateral Agent shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power Collateral. Nothing in this Section 1403 shall be considered to institute and maintain suits impose any such duty or proceedings obligation 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 Lien act on the Collateral or be prejudicial to the interests part of the Holders Trustee or the Indenture Trustee)Notes Collateral Agent.

Suits to Protect the Collateral. Subject Upon the occurrence of an Event of Default and subject to the provisions of the Security Documents and Article 6 hereof13 [Subordination] of this Indenture, (i) the Indenture Trustee may, in its sole discretion and without the consent of the HoldersSecurityholders, on behalf of the Holders, may take all actions it deems necessary or appropriate in order to: to (a) enforce any of the terms of the Security Documents; and Documents and (b) collect and receive any and all amounts payable in respect of the Secured Obligations obligations of the Issuer hereunder. Subject to Grantors and (ii) the provisions of the Security Documents, the Indenture Trustee shall have the power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 the Indenture, and including such suits and proceedings as the Indenture Trustee, in its sole discretion, Trustee may deem expedient to preserve or protect its interests and the interests of the Holders Securityholders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 Lien on the Collateral security interests or be prejudicial to the interests of the Holders Securityholders or the Indenture Trustee), except as otherwise provided in Sections 4.9(b) and 12.17.

Suits to Protect the Collateral. Subject to the provisions of Article 6 7 hereof, the Indenture Security Documents and the Intercreditor Agreement, the Trustee in its sole discretion and without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it deems necessary or appropriate in order to: (a) enforce any of the terms of the Security Documents; and (b) collect and receive any and all amounts payable in respect of the Secured Guaranteed Obligations of the Issuer Issuers hereunder. Subject to the provisions of the Security DocumentsDocuments and the Intercreditor Agreement, the Indenture Trustee shall have power (but not the obligation) to institute and to maintain such suits and proceedings as it 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 Indenture Trustee, in its sole discretion, 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 Lien on the Collateral or be prejudicial to the interests of the Holders or the Indenture Trustee).