Common use of Trustee to Represent Bondholders Clause in Contracts

Trustee to Represent Bondholders. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Holders of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Holders under the provisions of the Bonds, this Bond Indenture, the Loan Agreement and applicable provisions of any other law. Upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondholders, the Trustee in its discretion may, and upon the written request of any Credit Facility Provider or the Bondholder Representative (if any) or the Holders of not less than a majority in aggregate principal amount (if a Bondholder Agreement is in effect) and otherwise 25% in aggregate principal amount of the Bonds then Outstanding, with the consent of the Credit Facility Providers (if any), and upon being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such Holders and the Credit Facility Providers (if any) by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee, in any Credit Facility Provider or in the Bondholders under this Bond Indenture, the Loan Agreement, the Act or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Revenues and other assets pledged under this Bond Indenture, pending such proceedings. All rights of action under this Bond Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Holders of such Bonds, subject to the provisions of this Bond Indenture (including Section 6.02). Notwithstanding the foregoing paragraph, during the initial Interest Period in the Initial LIBOR Term Indexed Mode (and for any Interest Period thereafter while the initial Bondholder Agreement is in effect), the Bondholder Representative (if any) is hereby irrevocably appointed and granted authority to exercise all powers, to take all actions, and to have all the rights as are granted to the Trustee in the foregoing paragraph. The Trustee acknowledges that the Bondholder Representative has been appointed for such purpose during the initial Interest Period in the Initial LIBOR Term Indexed Mode and agrees that the Trustee shall have no responsibility to take any actions under this Section 7.05 during such time. While acting under such appointment, the Bondholder Representative (if any) shall be entitled to the protections and limitations of liability afforded the Trustee under Article VIII with respect thereto, including without limitation Section 8.03, except to the extent inconsistent with the Bondholder Agreement.

Trustee to Represent Bondholders. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact attorney‑in‑fact of the Holders of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Holders under the provisions of the Bonds, this Bond Indenture, the Loan Agreement Agreement, the Letter of Credit, the Act and applicable provisions of any other law. Upon Subject to Section 7.1 hereof, upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondholders, the Trustee in its discretion maymay (but shall be under no obligation to), and upon the written request of any Credit Facility Provider or the Bondholder Representative (if any) or the Holders of not less than a majority in aggregate principal amount (if a Bondholder Agreement is in effect) and otherwise 25% in aggregate principal amount of the Bonds then Outstanding, with the consent of the Credit Facility Providers (if any), and upon being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such the Holders and the Credit Facility Providers (if any) by such appropriate action, suit, mandamus or other proceedings as it shall may deem most effectual necessary to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee, in any Credit Facility Provider Trustee or in the Bondholders Holders under this Bond Indenture, the Loan Agreement, the Letter of Credit, the Act or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Revenues and other assets pledged under this Bond Indenture, pending such proceedings. All rights of action under this Bond Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Holders of such the Bonds, subject to the provisions of this Bond Indenture (including Section 6.026.2 hereof). Notwithstanding the foregoing paragraph, during the initial Interest Period in the Initial LIBOR Term Indexed Mode (and for any Interest Period thereafter while the initial Bondholder Agreement is in effect), the Bondholder Representative (if any) is hereby irrevocably appointed and granted authority to exercise all powers, to take all actions, and to have all the rights as are granted to the Trustee in the foregoing paragraph. The Trustee acknowledges that the Bondholder Representative has been appointed for such purpose during the initial Interest Period in the Initial LIBOR Term Indexed Mode and agrees that the Trustee shall have no responsibility to take any actions under this Section 7.05 during such time. While acting under such appointment, the Bondholder Representative (if any) shall be entitled to the protections and limitations of liability afforded the Trustee under Article VIII with respect thereto, including without limitation Section 8.03, except to the extent inconsistent with the Bondholder Agreement.

Trustee to Represent Bondholders. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Junior Subordinate Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Holders of the Junior Subordinate Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Holders under the provisions of the Junior Subordinate Bonds, this Bond IndentureTrust Agreement, the Loan Agreement Act and applicable provisions of any other law. Upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondholders, the Trustee in its discretion may, and and, with respect to any Series of Junior Subordinate Bonds for which a Credit Enhancement has been provided, upon the written request of any the Credit Facility Provider providing such Credit Enhancement, or if such Credit Provider is then failing to make a payment required pursuant to such Credit Enhancement, upon the Bondholder Representative (if any) or written request of the Holders of not less than a majority in aggregate principal amount (if a Bondholder Agreement is in effect) and otherwise 25% in aggregate principal amount of the Junior Subordinate Bonds then Outstanding, with the consent of the Credit Facility Providers (if any), and upon being indemnified to its satisfaction therefor, shall, shall proceed to protect or enforce its rights or the rights of such Holders and the Credit Facility Providers (if any) by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee, in any Credit Facility Provider Trustee or in the Bondholders such Holders under this Bond Indenture, the Loan Trust Agreement, the Act or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Junior Subordinate Pledged Revenues and other assets pledged under this Bond IndentureTrust Agreement, pending such proceedings; provided, however, that, with respect to any Series of Junior Subordinate Bonds for which a Credit Enhancement has been provided, the Trustee may only act with the consent of the Credit Provider providing such Credit Enhancement. All rights of action under this Bond Indenture Trust Agreement or the Junior Subordinate Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Junior Subordinate Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Holders of such Junior Subordinate Bonds, subject to the provisions of this Bond Indenture Trust Agreement (including Section 6.027.05). Notwithstanding the foregoing paragraph, during the initial Interest Period in the Initial LIBOR Term Indexed Mode (and for any Interest Period thereafter while the initial Bondholder Agreement is in effect), the Bondholder Representative (if any) is hereby irrevocably appointed and granted authority to exercise all powers, to take all actions, and to have all the rights as are granted to the Trustee in the foregoing paragraph. The Trustee acknowledges that the Bondholder Representative has been appointed for such purpose during the initial Interest Period in the Initial LIBOR Term Indexed Mode and agrees that the Trustee shall have no responsibility to take any actions under this Section 7.05 during such time. While acting under such appointment, the Bondholder Representative (if any) shall be entitled to the protections and limitations of liability afforded the Trustee under Article VIII with respect thereto, including without limitation Section 8.03, except to the extent inconsistent with the Bondholder Agreement.

Trustee to Represent Bondholders. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Holders of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Holders under the provisions of the Bonds, this Bond IndentureTrust Agreement, the Loan Agreement Act and applicable provisions of any other law. Upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondholders, the Trustee in its discretion may, and and, with respect to any Series of Bonds for which a Credit Enhancement has been provided, upon the written request of any the Credit Facility Provider providing such Credit Enhancement, or if such Credit Provider is then failing to make a payment required pursuant to such Credit Enhancement, upon the Bondholder Representative (if any) or written request of the Holders of not less than a majority in aggregate principal amount (if a Bondholder Agreement is in effect) and otherwise 25% in aggregate principal amount of Bond Obligation of the Bonds then Outstanding, with the consent of the Credit Facility Providers (if any), and upon being indemnified to its satisfaction therefor, shall, shall proceed to protect or enforce its rights or the rights of such Holders and the Credit Facility Providers (if any) by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee, in any Credit Facility Provider Trustee or in the Bondholders such Holders under this Bond Indenture, the Loan Trust Agreement, the Act or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Pledged Tax Revenues and other assets pledged under this Bond IndentureTrust Agreement, pending such proceedings; provided, however, that, with respect to any Series of Bonds for which a Credit Enhancement has been provided, the Trustee may only act with the consent of the Credit Provider providing such Credit Enhancement. All rights of action under this Bond Indenture Trust Agreement or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Holders of such Bonds, subject to the provisions of this Bond Indenture Trust Agreement (including Section 6.027.05). Notwithstanding the foregoing paragraph, during the initial Interest Period in the Initial LIBOR Term Indexed Mode (and for any Interest Period thereafter while the initial Bondholder Agreement is in effect), the Bondholder Representative (if any) is hereby irrevocably appointed and granted authority to exercise all powers, to take all actions, and to have all the rights as are granted to the Trustee in the foregoing paragraph. The Trustee acknowledges that the Bondholder Representative has been appointed for such purpose during the initial Interest Period in the Initial LIBOR Term Indexed Mode and agrees that the Trustee shall have no responsibility to take any actions under this Section 7.05 during such time. While acting under such appointment, the Bondholder Representative (if any) shall be entitled to the protections and limitations of liability afforded the Trustee under Article VIII with respect thereto, including without limitation Section 8.03, except to the extent inconsistent with the Bondholder Agreement.

Trustee to Represent Bondholders. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Holders of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Holders under the provisions of the Bonds, this Bond Indenture, the Loan Agreement Agreement, the Act and applicable provisions of any other law. Upon Subject to Section 7.01 hereof, upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondholders, the Trustee in its discretion may, and upon the written request of any Credit Facility Provider or the Bondholder Representative (if any) or the Holders of not less than a majority in aggregate principal amount (if a Bondholder Agreement is in effect) and otherwise 25% in aggregate principal amount of the Bonds then Outstanding, with the consent of the Credit Facility Providers (if any), and upon being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such Holders and the Credit Facility Providers (if any) by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee, in any Credit Facility Provider Trustee or in the Bondholders such Holders under this Bond Indenture, the Loan Agreement, the Act or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Revenues and other assets pledged under this Bond Indenture, pending such proceedings. All rights of action under this Bond Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Holders of such Bonds, subject to the provisions of this Bond Indenture (including Section 6.026.02 hereof). Notwithstanding the foregoing paragraph, during the initial Interest Period in the Initial LIBOR Term Indexed Mode (and for any Interest Period thereafter while the initial Bondholder Agreement is in effect), the Bondholder Representative (if any) is hereby irrevocably appointed and granted authority to exercise all powers, to take all actions, and to have all the rights as are granted to the Trustee in the foregoing paragraph. The Trustee acknowledges that the Bondholder Representative has been appointed for such purpose during the initial Interest Period in the Initial LIBOR Term Indexed Mode and agrees that the Trustee shall have no responsibility to take any actions under this Section 7.05 during such time. While acting under such appointment, the Bondholder Representative (if any) shall be entitled to the protections and limitations of liability afforded the Trustee under Article VIII with respect thereto, including without limitation Section 8.03, except to the extent inconsistent with the Bondholder Agreement.

Trustee to Represent Bondholders. The Trustee is hereby irrevocably appointed (and the successive respective Holders of the Bonds, by taking and holding the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Holders of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Holders under the provisions of the Bonds, this Bond Indenture, the Loan Agreement Agreement, the Guaranty, the Note, any Letter of Credit, the Act and applicable provisions of any other law. Upon Subject to Section 7.01 hereof, upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Bondholders, the Trustee in its discretion maymay (but shall not be obligated to), and upon the written request of any Credit Facility Provider or the Bondholder Representative (if any) or the Holders of not less than a majority in aggregate principal amount (if a Bondholder Agreement is in effect) and otherwise 2566-2/3% in aggregate principal amount of the Bonds then Outstanding, with the consent of the Credit Facility Providers (if any), and upon being indemnified and/or provided with security to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such Holders and the Credit Facility Providers (if any) by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee, in any Credit Facility Provider Trustee or in the Bondholders such Holders under this Bond Indenture, the Loan Agreement, the Guaranty, the Note, any Letter of Credit, the Act or any other law; and upon instituting such proceeding, the Trustee shall be entitled, as a matter of right, to the appointment of a receiver of the Revenues and other assets pledged under this Bond IndentureTrust Estate, pending such proceedings. All rights of action under this Bond Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of all the Holders of such Bonds, subject to the provisions of this Bond Indenture (including Section 6.026.02 hereof). Notwithstanding the foregoing paragraph, during the initial Interest Period in the Initial LIBOR Term Indexed Mode (and for any Interest Period thereafter while the initial Bondholder Agreement is in effect), the Bondholder Representative (if any) is hereby irrevocably appointed and granted authority to exercise all powers, to take all actions, and to have all the rights as are granted to the Trustee in the foregoing paragraph. The Trustee acknowledges that the Bondholder Representative has been appointed for such purpose during the initial Interest Period in the Initial LIBOR Term Indexed Mode and agrees that the Trustee shall have no responsibility to take any actions under this Section 7.05 during such time. While acting under such appointment, the Bondholder Representative (if any) shall be entitled to the protections and limitations of liability afforded the Trustee under Article VIII with respect thereto, including without limitation Section 8.03, except to the extent inconsistent with the Bondholder Agreement.