Common use of Action upon Instructions; Certain Rights and Limitations Clause in Contracts

Action upon Instructions; Certain Rights and Limitations. Subject to the terms of Sections 2.13, 4.03, 4.04(a) and (b), 4.08, 5.01 and 5.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Loan Trustee shall, subject to the terms of this Section 5.02, take such of the following actions as may be specified in such instructions: (i) give such notice or direction or exercise such right, remedy or power hereunder as shall be specified in such instructions; (ii) give such notice or direction or exercise such right, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment or any other part of the Trust Indenture Estate as shall be specified in such instructions; and (iii) approve as satisfactory to the Loan Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Loan Trustee shall not approve any such matter as satisfactory to the Loan Trustee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereof:

Appears in 1 contract

Sources: Note Purchase Agreement (Continental Airlines Inc /De/)

Action upon Instructions; Certain Rights and Limitations. Subject to the terms of Sections (S)(S) 2.13, 4.03, 4.04(a) and (b), 4.04(b), 4.08, 5.01 5.01, and 5.03 hereof5.03, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, the Loan Trustee Mortgagee shall, subject to the terms of this Section (S) 5.02, take such of the following actions as may shall be specified in such instructions: (ix) give such notice or direction or exercise such right, remedy remedy, or power hereunder as shall be specified in such instructions; (iiy) give such notice or direction or exercise such right, remedy remedy, or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment Assignment, or any other part of the Trust Indenture Estate Collateral as shall be specified in such instructions; and (iiiz) approve as satisfactory to the Loan Trustee Mortgagee all matters required by the terms of the Lease to be satisfactory to the Owner TrusteeTrustee (and, it being understood that without the written instructions of a Majority in Interest of Note Holders, the Loan Trustee Mortgagee shall not approve any such matter as satisfactory to the Loan TrusteeMortgagee); provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the next paragraph hereoffollowing paragraph:

Appears in 1 contract

Sources: Note Purchase Agreement (Airtran Holdings Inc)