Actions by Trustee. SECTION 5.1 Prior Notice to Certificateholders with Respect to Certain Matters............. 21 SECTION 5.2 Action by Trustee with Respect to Certain Matters.............................. 22 SECTION 5.3
Actions by Trustee. At any time, upon written request of Beneficiary and presentation of this Deed of Trust and the Note for endorsement, and without affecting the personal liability of any entity or the Liable Parties for payment of the Secured Indebtedness or the effect of this Deed of Trust upon the remainder of the Property, Trustee may take such actions as Beneficiary may request which are permitted by this Deed of Trust or by applicable law.
Actions by Trustee. Section 4.01. Prior Notice to the Holder of the Excess Distribution Certificate With Respect to Certain Matters. With respect to the following matters, the Trustee shall not take action unless at least 30 days before the taking of such action, the Trustee shall have notified the holder of the Excess Distribution Certificate and each of the Rating Agencies in writing of the proposed action and the holder shall not have notified the Trustee in writing prior to the 30th day after such notice is given that it has withheld consent or provided alternative direction:
(a) the initiation of any material claim or lawsuit by the Trust (except claims or lawsuits brought in connection with the collection of the Trust Student Loans) and the compromise of any material action, claim or lawsuit brought by or against the Trust (except with respect to the aforementioned claims or lawsuits for collection of Trust Student Loans);
(b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any class of Noteholders is required;
(c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any class of Noteholder is not required and such amendment materially adversely affects the interest of the holder of the Excess Distribution Certificate; or
(d) the amendment of a Swap Agreement or the Interest Rate Cap Agreement in circumstances where the consent of any class of Noteholders is required or in circumstances where the consent of Noteholders is not required but where such amendment materially adversely affects the interest of the holder of the Excess Distribution Certificate.
Actions by Trustee. In the event any provision of this Security Agreement requires the approval, consent, or action by the Trustee, the Trustee shall have no obligation to act, approve or provide its consent absent the receipt of written direction and indemnity satisfactory to it from the Holders of a majority in aggregate principal amount of the Bonds Outstanding., and will be fully protected if it does so, and any action taken, suffered or omitted pursuant to hereto or thereto shall be binding on the Holders.
Actions by Trustee. Notwithstanding anything contained herein or in any Security Instrument to the contrary, Trustee shall have no obligation to foreclosure of any lien or to take any similar remedial undertaking with respect to any real property that comprises the Collateral unless and until Trustee shall be satisfied, in its sole discretion, with the indemnities provided herein INDENTURE (15% Senior Subordinated) and/or any Security Instrument with respect to any and/or all liabilities Trustee may incur with respect to taking any such action.
Actions by Trustee. Section 4.01. Prior Notice to the Holder of the Excess Distribution Certificate With Respect to Certain Matters.....................9
Actions by Trustee. As to any matter not expressly provided for by this Agreement, or the Indenture, the Trustee will act or refrain from acting as directed by the Holders of at least a majority in principal amount of the then-outstanding Securities, and will be fully protected if it does so, and any action taken, suffered or omitted pursuant to hereto or thereto shall be binding on the Holders.
Actions by Trustee. All rights of action and claims under this Agreement or under any of the Bonds secured hereby, enforceable by the Trustee, may be prosecuted and enforced by it without the possession of any of the Bonds or the production thereof in the trial or other proceeding relative thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in its name for the benefit of all of the Holders of such Bonds, subject to the provisions of this Agreement.
Actions by Trustee. 61 Section 12.14. Notes Issued In Accordance With Plan................. 61 Exhibit A Form of Series A Security INDENTURE (16% Junior Subordinated) Exhibit B Form of Series B Security Exhibit C Form of Series C Security INDENTURE (16% Junior Subordinated) INDENTURE dated as of December 18, 1996, between XXXXX CABLE COMMUNICATIONS, INC., a Texas corporation ("Issuer"), and FLEET NATIONAL BANK, a national banking association, as Trustee. Each party hereto agrees as follows for the benefit of each other party and for the equal and ratable benefit of the Holders of the 16% Junior Subordinated Pay-in-Kind Notes due July 18, 2002:
Actions by Trustee. 60 Section 12.14. Notes Issued In Accordance With Plan.................... 60 Section 12.15. Deposit Agreement....................................... 60 Exhibit A Form of Security INDENTURE (15% Senior Subordinated) INDENTURE dated as of December 18, 1996, between XXXXX CABLE COMMUNICATIONS, INC., a Texas corporation ("Issuer"), and FLEET NATIONAL BANK, a national banking association, as Trustee. Each party hereto agrees as follows for the benefit of each other party and for the equal and ratable benefit of the Holders of the 15% Senior Subordinated Pay-in-Kind Notes due March 18, 2002:
