Common use of Suits to Protect the Collateral Clause in Contracts

Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenture, the Trustee shall have power, but not be obliged, to institute and 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 this Indenture or the Security Documents and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest of the Holders in the Collateral and in the 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 Security Interest thereunder or be prejudicial to the interest of the Holders or of the Trustee).

Appears in 6 contracts

Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Gb Property Funding Corp), Indenture (Gb Holdings Inc)

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Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenture, the The Trustee shall have power, but not be obliged, power to institute in its name and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security Collateral by any acts which may be unlawful or in violation of this Indenture or any of the Security Documents Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Holders in the Security Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security hereunder or under any of the Security Interest thereunder Documents, or be prejudicial to the interest interests of the Holders or of the Trustee).

Appears in 3 contracts

Samples: Indenture (Poindexter J B & Co Inc), Indenture (Universal Brixius Inc), Indenture (Poindexter J B & Co Inc)

Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenture, the Trustee The Collateral Agent shall have power, but not be obliged, power to institute in its name 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 this Indenture or any of the Security Documents Documents, and such suits and proceedings as the Trustee Collateral Agent may deem expedient to preserve or protect its the interests of the Trustee, the Collateral Agent and the interest of the Holders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security hereunder or under any of the Security Interest thereunder Documents, or be prejudicial to the interest interests of the Holders Holders, the Collateral Agent or of the Trustee).

Appears in 2 contracts

Samples: Indenture (FP Technology, Inc.), Indenture (AFG Enterprises USA, Inc.)

Suits to Protect the Collateral. To the extent permitted under the Security Documents Agreements, the Intercreditor Agreement and this Indenture, the Trustee shall have power, but not be obliged, power to institute and 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 this Indenture or the Security Documents Agreements and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest of the Holders in the Collateral and in the profits, rents, revenues and other income arising therefrom (including power to institute and an 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 Security Interest thereunder or be prejudicial to the interest of the Holders or of the Trustee).

Appears in 1 contract

Samples: Indenture (Sports Club Co Inc)

Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenture, the The Trustee shall have power, but not be obliged, power to institute in its name 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 this Indenture or any of the Security Documents Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Holders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security hereunder or under any of the Security Interest thereunder Documents, or be prejudicial to the interest interests of the Holders or of the Trustee).

Appears in 1 contract

Samples: Indenture (Anchor Glass Container Corp /New)

Suits to Protect the Collateral. To Subject to the extent permitted under provisions of the Security Documents and this IndentureCollateral Documents, the Trustee shall have power, but not be obliged, power 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 Collateral Documents or this Indenture or the Security Documents Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Trustee and the Holders in the Collateral and in the 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 Security Interest thereunder Interests or be prejudicial to the interest interests of the Holders or of the Trustee).

Appears in 1 contract

Samples: Indenture (Umt Holdings Lp)

Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenturethereunder, the Trustee shall have power, but not be obliged, power 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 Collateral Documentation or this Indenture or the Security Documents Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Holders in the Collateral and the Collateral Documentation or this Indenture, and in the profits, rents, revenues and other income arising therefrom (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 Security Interest thereunder Collateral or be prejudicial to the interest interests of the Holders or of the Trustee).

Appears in 1 contract

Samples: Subordinated Indenture (Inamed Corp)

Suits to Protect the Collateral. To Subject to the extent permitted under provisions of the Security Documents and this IndentureDocuments, the Trustee and the Security Trustee shall have power, but not be obliged, power 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 this Indenture or any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee or the Security Trustee, in their sole discretion, may deem expedient to preserve or protect its their interests and the interest interests of the Holders in the Collateral and in the 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 Security Interest thereunder any Lien on any Collateral or be prejudicial to the interest interests of the Holders Holders, the Trustee or of the Security Trustee).

Appears in 1 contract

Samples: Indenture (Ingenior M.O. Schoyens Bilcentraler As)

Suits to Protect the Collateral. To Subject to the extent permitted under the Security Documents and provisions of this Indenture, the Indenture Trustee shall will have power, but not be obliged, power to institute and to maintain such suits and proceedings as it may deem expedient or as it may be directed by the Majority Holders, to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of this Indenture or the Security Documents Indenture, and such suits and proceedings as the Indenture Trustee may deem expedient to preserve or protect its the interests of the Noteholders and the interest interests of the Holders Indenture Trustee in the Collateral and in the 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 Security Interest thereunder or be prejudicial to the interest interests of the Holders Noteholders or of the Indenture Trustee).

Appears in 1 contract

Samples: Amendment to Indenture (Enova International, Inc.)

Suits to Protect the Collateral. To At the extent permitted under expense of the Security Documents and this IndentureIssuer, the Trustee shall have power, but not be obliged, power 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 this Indenture Indenture, the Mortgage or the other Security Documents Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or and protect its interests and the interest interests of the Holders in the Collateral and in the 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 Security Interest thereunder security hereunder or be prejudicial to the interest of the Holders or of the Trustee).

Appears in 1 contract

Samples: Indenture (Lexington Corporate Properties Inc)

Suits to Protect the Collateral. To Subject to the extent permitted under terms of the Security Documents and this IndentureDocuments, the Trustee shall have power, but not be obligedwithout the obligation to exercise such power, to institute in its name 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 this Indenture or any of the Security Documents Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Holders of the Notes in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security under any of the Security Interest thereunder Documents, or be prejudicial to the interest interests of the Holders or of the Notes or the Trustee).

Appears in 1 contract

Samples: Indenture (IMI of Arlington, Inc.)

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Suits to Protect the Collateral. To Subject to the extent permitted under terms of the Intercreditor Agreement and the Security Documents and this IndentureDocuments, the Trustee shall have power, but not be obligedwithout the obligation to exercise such power, to institute in its name 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 this Indenture or any of the Security Documents Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Holders of the Notes in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the Security Interest thereunder security under any of the Collateral Documents, or be prejudicial to the interest interests of the Holders or of the Notes or the Trustee).

Appears in 1 contract

Samples: Indenture (Revlon Consumer Products Corp)

Suits to Protect the Collateral. To Subject to the extent permitted under ------------------------------- provisions of the Security Documents and this IndentureDocuments, the Trustee shall have power, but not be obliged, power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral or Second Lien Collateral by any acts which may be unlawful or in violation of this Indenture or any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Trustee and the Holders of the Notes in the Collateral and in the profits, rents, revenues and other income arising therefrom or Second Lien 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 Security Interest thereunder Interests or be prejudicial to the interest interests of the Holders of the Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Terra Industries Inc)

Suits to Protect the Collateral. To Subject to the extent permitted under provisions of the Security Documents and this Indenturethe Intercreditor Agreement, each of the Collateral Trustee and the Trustee, as applicable, shall have power, but not be obliged, power 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 this Indenture or any of the Security Documents or this Indenture, and such suits and proceedings as the Collateral Trustee or the Trustee, in its sole discretion, may deem expedient to preserve or protect its the security interests and the interest of the Holders in the Collateral and in created under the profits, rents, revenues and other income arising therefrom 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 Security Interest thereunder Lien on the Collateral or be prejudicial to the interest interests of the Holders or of the Trustee).

Appears in 1 contract

Samples: Indenture (Kleopatra Holdings 2 S.C.A.)

Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenture, the Trustee shall have power, but not be obliged, power to institute and 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 this Indenture or the Security Documents and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest of the Holders in the Collateral and in the profits, rents, revenues and other income arising therefrom (including power to institute and an 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 Security Interest thereunder or be prejudicial to the interest of the Holders or of the Trustee).

Appears in 1 contract

Samples: Indenture (Louisiana Casino Cruises Inc)

Suits to Protect the Collateral. To Subject to the extent permitted under provisions of the Security Documents and this Indenturethe Intercreditor Agreements, the Trustee and the Collateral Agent shall have power, but not be obliged, power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of this Indenture or any of the Security Documents or this Indenture, and such suits and proceedings as the Trustee and the Collateral Agent may deem expedient to preserve or protect its their interests and the interest interests of the Holders Trustee and the holders of the Securities in the Collateral and in the 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 Security Interest thereunder Interests or be prejudicial to the interest interests of the Holders or holders of the TrusteeSecurities, the Trustee or the Collateral Agent).

Appears in 1 contract

Samples: Indenture (Rti Capital Corp)

Suits to Protect the Collateral. To the extent permitted under the Security Documents and this Indenture, the The Trustee shall have power, but not be obliged, power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Collateral by any acts which may be unlawful or in violation of this Indenture or any of the Security Documents Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interest interests of the Holders in the Collateral and in the principal, interest, issues, profits, rents, revenues and other income arising therefrom (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 invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security hereunder or under any of the Security Interest thereunder Documents, or be prejudicial to the interest interests of the Holders or of the Trustee). No duty beyond that set forth in Section 7.1 hereof is imposed on the Trustee pursuant to this Section 10.4.

Appears in 1 contract

Samples: Indenture (Omnova Solutions Inc)

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