Common use of Suits to Protect the Trust Estate Clause in Contracts

Suits to Protect the Trust Estate. Mortgagor hereby acknowledges the right of Mortgagee, in the name and on behalf of Mortgagor, (a) to appear in and defend any action or proceeding brought with respect to the Trust Estate or any part thereof and (b) upon 5 days' prior notice to Mortgagor (or such shorter period or without notice if deemed necessary and appropriate by Mortgagee), Mortgagee shall have power to institute and to maintain such proceedings as Mortgagee may deem necessary and appropriate, but in the case of (a) and (b) to prevent any impairment of security or any impairment of the Trust Estate in all cases by any acts which may be unlawful or in violation of this Mortgage and to protect Mortgagee's interests in the Trust Estate and in the rents, issues, profits, revenues and other income arising therefrom, including the right to institute and maintain proceedings to restrain the enforcement of or compliance with any 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 hereunder or be materially prejudicial to the interests of Mortgagee.

Suits to Protect the Trust Estate. Mortgagor hereby acknowledges the right of Mortgagee, in the name and on behalf of Mortgagor, (a) to appear in and defend any action or proceeding brought with respect to the Trust Estate or any part thereof and (b) upon 5 days' prior notice to Mortgagor (or such shorter period or without notice if deemed necessary and appropriate by Mortgagee), Mortgagee shall have power to institute and to maintain such proceedings as Mortgagee may deem necessary and appropriate, but in the case of (a) and (b) only to prevent any impairment of security or any impairment of the Trust Estate in all cases by any acts which may be unlawful or in violation of this Mortgage and to protect Mortgagee's interests in the Trust Estate and in the rents, issues, profits, revenues and other income arising therefrom, including the right to institute and maintain proceedings to restrain the enforcement of or compliance with any 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 hereunder or be materially prejudicial to the interests of Mortgagee.

Suits to Protect the Trust Estate. Mortgagor hereby acknowledges the right of Mortgagee, in the name and on behalf of Mortgagor, (a) to appear in and defend any action or proceeding brought with respect to the Trust Estate or any part thereof and (b) upon 5 days' prior notice to Mortgagor (or such shorter period or without notice if deemed necessary and appropriate by Mortgagee), Mortgagee shall have power to institute and to maintain such proceedings as Mortgagee may deem necessary and appropriate, but in the case of (a) and (b) only to prevent any impairment of security or any impairment of the Trust Estate in all cases by any acts which may be unlawful or in violation of this Senior Guarantee Mortgage and to protect Mortgagee's interests in the Trust Estate and in the rents, issues, profits, revenues and other income arising therefrom, including the right to institute and maintain proceedings to restrain the enforcement of or compliance with any 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 hereunder or be materially prejudicial to the interests of Mortgagee.

Suits to Protect the Trust Estate. Mortgagor hereby acknowledges the right of Mortgagee, in the name and on behalf of Mortgagor, (a) to appear in and defend any action or proceeding brought with respect to the Trust Estate or any part thereof and (b) upon 5 days' prior notice to Mortgagor (or such shorter period or without notice if deemed necessary and appropriate by Mortgagee), Mortgagee shall have power to institute and to maintain such proceedings as Mortgagee may deem necessary and appropriate, but in the case of (a) and (b) only to prevent any impairment of security or any impairment of the Trust Estate in all cases by any acts which may be unlawful or in violation of this TCHI Note Guarantee Mortgage and to protect Mortgagee's interests in the Trust Estate and in the rents, issues, profits, revenues and other income arising therefrom, including the right to institute and maintain proceedings to restrain the enforcement of or compliance with any 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 hereunder or be materially prejudicial to the interests of Mortgagee.