Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to: (a) enforce any of the terms of the Collateral Documents; and (b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 11 contracts
Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor AgreementsSecurity Documents, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsSecurity Documents, the Trustee and the Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.3 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 8 contracts
Samples: Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Documents and the Intercreditor AgreementsSecurity Documents, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsSecurity Documents, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee or the Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 6 contracts
Samples: Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.), Indenture (Venture Global, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 5 contracts
Samples: Indenture (Atento S.A.), Indenture (H. J. Heinz Corp II), Indenture (Essar Steel Canada Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Notes Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 18.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 4 contracts
Samples: Supplemental Indenture (Invacare Corp), Supplemental Indenture (Invacare Corp), Indenture (Invacare Corp)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof Seven and the Collateral Documents and the Intercreditor AgreementsSecurity Documents, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsSecurity Documents, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 3 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders of any series of Notes in the Collateral, as applicable. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 3 contracts
Samples: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell Technologies Inc), Base Indenture (Denali Holding Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII 7 hereof and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 3 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Master Collateral Agent to take all actions it determines in order to:
(ai) enforce any of the terms of the Collateral Documents; and
(bii) collect and receive any and all amounts payable in respect of the Obligations hereunder. .
(b) Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Master Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee and/or the Master Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 13.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Master Collateral Agent.
Appears in 3 contracts
Samples: Indenture (Alaska Air Group, Inc.), Indenture (American Airlines, Inc.), Indenture (Delta Air Lines, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and 7, the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Second Lien Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Second Lien Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Second Lien Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Second Lien Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Second Lien Collateral Agent.
Appears in 3 contracts
Samples: Indenture (Alta Equipment Group Inc.), Indenture (Alta Equipment Group Inc.), Indenture (Nesco Holdings, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII 7 hereof and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 3 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the First Lien Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the First Lien Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 3 contracts
Samples: Indenture (Alight Group, Inc.), Indenture (Avantor, Inc.), Indenture (Avantor, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Note Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Note Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Note Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Note Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders of the Notes in the Collateral, as applicable. Nothing in this Section 12.4 11.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 2 contracts
Samples: Indenture (DT Midstream, Inc.), Indenture (DT Midstream, Inc.)
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII hereof and 7, the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a1) enforce any of the terms of the Collateral Security Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations hereunder. .
(b) Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 2 contracts
Samples: Indenture (LSB Industries Inc), Indenture (LSB Industries Inc)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the First Priority Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the First Priority Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Samples: Indenture (Western Digital Corp), Indenture (Acelity L.P. Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article ARTICLE VII hereof and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 SECTION 12.3 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (Broader Media Holdings, LLC)
Suits to Protect the Collateral. Subject to the provisions of Article ARTICLE VII hereof and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 SECTION 12.3 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(ai) enforce any of the terms of the Collateral Documents; and
(bii) collect and receive any and all amounts payable in respect of the Obligations hereunder. .
(b) Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee and/or the Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 13.05 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Samples: Indenture (Hawaiian Holdings Inc), Indenture (Spirit Airlines, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Notes Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee and/or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 13.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 2 contracts
Samples: Indenture (Cushman & Wakefield PLC), Indenture (Cushman & Wakefield PLC)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 10.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Samples: Indenture (Headwaters Inc), Indenture (Headwaters Inc)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and hereof, the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Notes Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Notes Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and 7, the Collateral Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct (but shall have no obligation to do so) the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.06 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 2 contracts
Samples: Senior Secured Notes Indenture (CIMPRESS PLC), Note and Warrant Purchase Agreement (CIMPRESS PLC)
Suits to Protect the Collateral. Subject to the provisions of Article VII 6 and 7 hereof and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, 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 determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Second Lien Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Second Lien Collateral Agent.
Appears in 1 contract
Samples: Indenture (Roundy's, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Georgia Gulf Corp /De/)
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the Pari Passu Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustees may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(ai) enforce any of the terms of the Collateral Security Documents; and
(bii) collect and receive any and all amounts payable in respect of the Obligations hereunder. Notes Obligations.
(b) Subject to the provisions of the Collateral Security Documents and the Pari Passu Intercreditor AgreementsAgreement, the Trustee Trustees and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee Trustees may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee Trustees may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.3 shall be considered to impose any such duty or obligation to act on the part of the Trustee Trustees or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Open Text Corp)
Suits to Protect the Collateral. Subject to the provisions of Article VII 7 hereof and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 10.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Samples: Indenture (American Media Inc)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent (at the Issuers’ expense) to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Samples: Intercreditor Agreement (Houghton Mifflin Harcourt Co)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Samples: Indenture (Kinetic Concepts Inc)
Suits to Protect the Collateral. Subject to the applicable provisions of Article VII hereof the Intercreditor Agreement and the Collateral Documents and the Intercreditor Agreementsother Security Documents, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunderSecured Notes Obligations. Subject to the provisions of the Collateral Security Documents and (including the Intercreditor AgreementsAgreement), the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 10.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (B&G Foods, Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII 7 hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the TrusteeTrustees, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines the Trustees may determine in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee Trustees and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee Trustees may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee Trustees may determine to preserve or protect its their interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee Trustees or the Collateral Agent.
Appears in 1 contract
Samples: Indenture (Eldorado Gold Corp /Fi)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof Six and the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunderNotes Obligations. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 1403 shall be considered construed to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Sanmina Corp)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Documents and the Pari Passu Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Pari Passu Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Herbalife Ltd.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Documents and the First Lien Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the First Lien Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Cedar Fair L P)
Suits to Protect the Collateral. Subject to the provisions of Article VII 7 hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
and (b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article Article VII hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Security Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Security Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Security Agent.
Appears in 1 contract
Samples: Indenture (Atento S.A.)
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII 7 hereof and the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(ai) enforce any of the terms of the Collateral Documents; and
(bii) collect and receive any and all amounts payable in respect of the Obligations hereunder. obligations under the Notes.
(b) Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 18.03 shall be considered to impose any such duty or obligation to act on the part of the Collateral Agent and neither the Trustee or nor the Collateral AgentAgent shall be liable for any such impairment.
Appears in 1 contract
Samples: Indenture (fuboTV Inc. /FL)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine direct to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee Collateral Agent may determine (or as directed by the Trustee) to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 13.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Notes Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine deter- mine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.03 shall be considered consid- ered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII 7 hereof and the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(ai) enforce any of the terms of the Collateral Documents; and
(bii) collect and receive any and all amounts payable in respect of the Obligations hereunder. Notes Obligations.
(b) Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 17.03 shall be considered to impose any such duty or obligation to act on the part of the Collateral Agent and neither the Trustee or nor the Collateral AgentAgent shall be liable for any such impairment.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII 7 hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 11.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and 3 hereof, the Collateral Security Documents and the Intercreditor AgreementsSubordination Agreement, the Trustee, without at the consent direction of Holders of a majority of the Holders, on behalf aggregate principal amount of the HoldersNotes outstanding, may shall or may shall direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral DocumentsSecurity Documents and the Subordination Agreement; and
(b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor AgreementsSubordination Agreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 16.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Samples: Indenture (Endologix Inc /De/)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, 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 determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine in its sole discretion deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Samples: Indenture (DIEBOLD NIXDORF, Inc)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the First Priority/Second Priority Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunderNotes Obligations. Subject to the provisions of the Collateral Security Documents and the First Priority/Second Priority Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee or the Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Notes Collateral Documents Documents, and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Notes Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Notes Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Notes Collateral Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.3 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Notes Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee and the Notes Collateral Agent shall have the power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 18.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Nextnav Inc.)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent (at the Issuer’s expense) to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 12.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (RR Donnelley & Sons Co)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof 7 and the Collateral Security Documents and the Equal Priority Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, Trustee may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Security Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Security Documents and the Equal Priority Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Notes Collateral Agent may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 15.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article ARTICLE VII hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 SECTION 12.3 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral Agent.
Appears in 1 contract
Samples: Indenture (Travelport Worldwide LTD)
Suits to Protect the Collateral. (a) Subject to the provisions of Article VII hereof and 7, the Collateral Security Documents and the Intercreditor Agreements, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a1) enforce any of the terms of the Collateral Security Documents; and
(b2) collect and receive any and all amounts payable in respect of the Obligations hereunder. .
(b) Subject to the provisions of the Collateral Security Documents and the Intercreditor Agreements, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 10.04 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (LSB Industries Inc)
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof XI and the Collateral Documents and the First Priority/Second Priority Intercreditor Agreements, and Subordination Agreement the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunderNotes Obligations. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsDocuments, the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 10.03 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Collateral AgentAgent and neither the Trustee nor the Collateral Agent shall be liable for any such impairment.
Appears in 1 contract
Suits to Protect the Collateral. Subject to the provisions of Article VII hereof and the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee, without the consent of the Holders, on behalf of the Holders, may or may direct the Notes Collateral Agent to take all actions it determines in order to:
(a) enforce any of the terms of the Collateral Documents; and
(b) collect and receive any and all amounts payable in respect of the Obligations hereunder. Subject to the provisions of the Collateral Documents and the Intercreditor AgreementsAgreement, the Trustee and the Notes Collateral Agent shall have power to institute and to maintain such suits and proceedings as the Trustee may determine to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of any of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may determine to preserve or protect its interests and the interests of the Holders in the Collateral. Nothing in this Section 12.4 shall be considered to impose any such duty or obligation to act on the part of the Trustee or the Notes Collateral Agent.
Appears in 1 contract
Samples: Indenture (Infor, Inc.)