Common use of Suits to Protect the Collateral Clause in Contracts

Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral Documents, the Trustee shall have 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 Documents or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Appears in 5 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

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Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral Security Documents, the Trustee shall have 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 Security Documents or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Appears in 3 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (JCC Holding Co)

Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral Security Documents, the Trustee shall have 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 any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of the Notes 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture Security Interests or be prejudicial to the interests of the Holders or of the Notes or the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding).

Appears in 2 contracts

Samples: Indenture (Metal Management Inc), Indenture (Metal Management Inc)

Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement Indenture and to the provisions of the Collateral Mortgage Documents, the Trustee (to the extent not granted to the Collateral Agent pursuant to the Collateral Agency Agreement) shall have 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 Mortgage Documents or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company Issuers promptly following the institution of any such suit or proceeding.

Appears in 2 contracts

Samples: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)

Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral Documents, the The Trustee shall have 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 Collateral Documents Security Documents, and such suits and proceedings as necessary to preserve or this Indentureprotect 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 or invalid, if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention hereunder or under any of this Indenture the Security Documents, or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Appears in 2 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (CCH Ii Capital Corp)

Suits to Protect the Collateral. Subject to Section 4.1 10.01 of this Indenture, the Intercreditor Agreement Indenture and to the provisions of the Collateral DocumentsPledge Agreement, the Trustee shall have 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 Documents Pledge Agreement or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Appears in 1 contract

Samples: Indenture (Metallurg Holdings Inc)

Suits to Protect the Collateral. Subject to to Section 4.1 of this Indenture, the Intercreditor Agreement Indenture and to the provisions of the Collateral Security Documents, the Trustee shall have 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 Security Documents or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceedingProceeding.

Appears in 1 contract

Samples: Indenture (Hammond Residential LLC)

Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral DocumentsIntercreditor Agreement, the Trustee shall have 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 Documents Security Documents, the Intercreditor Agreement or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Securityholders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of of, or compliance with with, any legislative or other governmental enactment, rule or order that it may be unconstitutional or otherwise invalid or if the enforcement of, of or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture hereunder or be prejudicial to the interests of the Holders Securityholders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding).

Appears in 1 contract

Samples: Indenture (Town & Country Corp)

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Suits to Protect the Collateral. Subject to to Section 4.1 of this Indenture, the Intercreditor Agreement Indenture and to the provisions of the Collateral DocumentsMortgage, the Trustee shall have 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 Documents Mortgage or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Appears in 1 contract

Samples: Indenture (Elsinore Corp)

Suits to Protect the Collateral. Subject to Section 4.1 10.1 of this Indenture, the Intercreditor Agreement Indenture and to the provisions of the Collateral DocumentsAgreements, the Trustee shall have 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 Documents Agreements or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company Issuers promptly following the institution of any such suit or proceeding.

Appears in 1 contract

Samples: Indenture (Waterford Gaming LLC)

Suits to Protect the Collateral. Subject to Section -------------------------------- 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral Documents, the Trustee shall have 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 Documents or this Indenture, 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture or be prejudicial to the interests of the Holders or of the Trustee. The Trustee shall give notice to the Company promptly following the institution of any such suit or proceeding.

Appears in 1 contract

Samples: Indenture (Jazz Casino Co LLC)

Suits to Protect the Collateral. Subject to Section 4.1 of this Indenture, the Intercreditor Agreement and to the provisions of the Collateral DocumentsSecurity Documents and the Intercreditor Agreement and the provisions of Section 6.6 as they relate to the rights of the Holders to take certain actions otherwise reserved to the Trustee, the Trustee and the Collateral Agent shall have the 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 any of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee and the Collateral Agent may deem expedient to preserve or protect their interests and the interests of the Trustee and the holders of the Notes 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 or if the enforcement of, or compliance with, such enactment, rule or order would impair the security interests in contravention of this Indenture Security Interests or be prejudicial to the interests of the Holders or holders of the Trustee. The Notes, the Trustee shall give notice to or the Company promptly following the institution of any such suit or proceedingCollateral Agent).

Appears in 1 contract

Samples: Indenture (Blue Steel Capital Corp)

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