Trustee Action. The exercise by the Trustees of their powers and discretion hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IV, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Trustee Action. Wherever action on the part of the Trustees is contemplated by this Agreement, action by a majority of the Trustees, including a majority of the Independent Trustees, shall constitute the action provided for herein.
Trustee Action. The Trustee shall not make any recommendations regarding the manner of exercising any rights under this Subsection 1.02(d), including whether or not any rights should be exercised.
Trustee Action. EXPERT ADVICE; NO BOND OR SURETY..............17 Section 3. RECORD DATES..................................................17 Section 4.
Trustee Action. Any action taken or determination made by or pursuant to the direction of the Trustees in good faith and consistent with the provisions of this Declaration shall be final and conclusive and shall be binding upon the Trust, every holder at any time of Shares and any other Person.
Trustee Action. 23 Section 3. Termination of the Trust......................................................23 Section 4. Reorganization................................................................24 Section 5. Declaration of Trust..........................................................25 Section 6.
Trustee Action. The Trustee shall hold, collect, conserve, protect, and administer the Trust in accordance with the provisions of this Agreement and the Plan, and pay and distribute amounts as set forth herein for the purposes set forth in this Agreement. Any good faith determination by the Trustee as to what actions are in the best interests of the Trust shall be determinative.
Trustee Action. No provision of Sections 6.5(g) and (h) shall prevent the Trustee from taking any action relating to its duties under such Sections if the Trustee determines in its sole discretion that such action is necessary in order for the Trustee to fulfill its fiduciary responsibilities under ERISA.
Trustee Action. (a) Wilmington Trust, National Association is entering into this Agreement solely in its capacity as Second Lien Exchangeable PIK Notes Trustee under the Second Lien Exchangeable PIK Note Indenture and the rights, powers, privileges, protections, immunities and indemnities afforded to the Second Lien Exchangeable PIK Notes Trustee under the Second Lien Exchangeable PIK Note Indenture shall also apply to Wilmington Trust, National Association as Second Lien Representative hereunder.
(b) Wilmington Savings Fund Society, FSB is entering into this Agreement solely in its capacity as Second Lien Secured Notes Trustee and Second Lien Collateral Agent under the Second Lien Secured Note Indenture and as Second Lien Collateral Agent under the Second Lien Collateral Trust Agreement and the rights, powers, privileges, protections, immunities and indemnities afforded to the Second Lien Secured Notes Trustee under the Second Lien Secured Note Indenture and the Second Lien Collateral Trust Agreement shall also apply to Wilmington Savings Fund Society, FSB as Second Lien Collateral Agent hereunder.
Trustee Action. In the event that the Trustee takes any action to declare all of the Notes immediately due and payable pursuant to Section 6.02 of the Indenture during the Forbearance Period solely due to the Specified Default, each Supporting Holder (other than any Supporting Holder that is an Affiliate of the Issuers) agrees to rescind and cancel such acceleration to the fullest extent permitted under the Indenture.
