Common use of Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements Clause in Contracts

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 and 8.02 hereof, and to the Collateral Agreements and the Intercreditor Agreement, each of the Trustee or the Collateral Agent may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems necessary or appropriate in order to (1) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company and the Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor Agreement, the Trustee and the Collateral Agent shall each have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder or be prejudicial to the interests of the Holders, the Collateral Agent or the Trustee).

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 and 8.02 hereof, and to the applicable Collateral Agreements and the Intercreditor Agreement, each of (a) the Trustee or and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (1i) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2ii) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company hereunder, and the Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor Agreement, (b) the Trustee and the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or and the Collateral Agent may deem expedient to preserve or protect its their interests and the interests of the Holders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder thereunder or be prejudicial to the interests of the Holders, the Collateral Agent Trustee or the TrusteeCollateral Agent). Notwithstanding the foregoing, the Trustee may, at the expense of the Company, request the direction of the Holders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes, shall take such actions; provided that all actions so taken shall, at all times, be in conformity with the requirements of the Intercreditor Agreement.

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 and 8.02 hereofthe applicable Collateral Agreements, and to the Collateral Agreements and the Intercreditor Agreement, each of (a) the Trustee or and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (1i) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2ii) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company Issuer hereunder, and the Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor Agreement, (b) the Trustee and the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or and the Collateral Agent may deem expedient to preserve or protect its their interests and the interests of the Holders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder thereunder or be prejudicial to the interests of the Holders, the Trustee or the Collateral Agent). If an Event of Default occurs and is continuing, the Collateral Agent may, and subject to Sections 5.9 and 6.1(e), within three (3) Business Days after written instructions from the Holders of not less than a majority in aggregate principal amount of the Securities shall, commence the taking of such actions toward action or enforcement of the TrusteeCollateral Agreements (or any portion thereof), including, without limitation, action toward foreclosure upon any Collateral, as the Collateral Agent deems in its discretion to be appropriate or as otherwise instructed in writing by the Holders of not less than a majority in aggregate principal amount of the Securities.

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions terms of Section 8.01 and 8.02 hereof, and to the Collateral Agreements and the Intercreditor Agreement, each of the Trustee or the Collateral Agent may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems reasonably necessary or appropriate in order to (1a) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2b) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company Issuers and the Guarantors hereunder and thereunder. Subject to under this Indenture, the provisions of Notes, the Guarantees, the Collateral Agreements and the Registration Rights Agreement. Subject to the terms of the Intercreditor Agreement, and to the extent permitted by this Indenture or the Collateral Agreements, the Trustee and shall have the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder or be prejudicial to the interests of the Holders, the Collateral Agent Holders or the Trustee).

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 the applicable Collateral Agreements, (a) the Trustee shall execute and 8.02 hereof, and to deliver the Collateral Agreements and act in accordance with the Intercreditor Agreementterms thereof, each of (b) the Trustee or the Collateral Agent may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems necessary or appropriate in order to (1i) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2ii) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company Issuers and the Guarantors hereunder and thereunder. Subject to under the provisions of Notes, the Guarantees and the Collateral Agreements and the Intercreditor Agreement, (c) the Trustee and the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder thereunder or be prejudicial to the interests of the Holders, the Collateral Agent Holders or the Trustee). Notwithstanding the foregoing, the Trustee may, at the expense of the Issuers, request the direction of the Holders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes, shall take such actions.

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 and 8.02 hereof, and to the applicable Collateral Agreements and the Intercreditor Agreement, each of (a) the Trustee or and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (1i) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2ii) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company Issuers hereunder, and the Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor Agreement, (b) the Trustee and the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or and the Collateral Agent may deem expedient to preserve or protect its their interests and the interests of the Holders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder thereunder or be prejudicial to the interests of the Holders, the Collateral Agent Trustee or the TrusteeCollateral Agent). Notwithstanding the foregoing, the Trustee may, at the expense of the Issuers, request the direction of the Holders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the Outstanding Notes, shall take such actions.

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 and 8.02 hereof, and to the applicable Collateral Agreements and the Intercreditor Agreement, each of (a) the Trustee or and the Collateral Agent will execute and deliver the Collateral Agreements and the Intercreditor Agreement and act in accordance with the terms thereof, (b) the Trustee and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (1i) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2ii) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company hereunder, and the Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor Agreement, (c) the Trustee and the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or and the Collateral Agent may deem expedient to preserve or protect its their interests and the interests of the Holders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder thereunder or be prejudicial to the interests of the Holders, the Collateral Agent Trustee or the TrusteeCollateral Agent). Notwithstanding the foregoing, the Trustee may, at the expense of the Company, request the direction of the Holders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the Outstanding Notes, shall take such actions.

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions terms of Section 8.01 and 8.02 hereof, and to the Collateral Agreements and the Intercreditor Agreement, each of the Trustee or may, including upon the Collateral Agent mayoccurrence and during the continuance of an Event of Default, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems necessary or appropriate as are available under this Indenture, the Collateral Agreements and at law, such as the institution of sale or foreclosure proceedings, in order to (1a) enforce any of the terms of the Collateral Agreements and Agreements, including delivery of a Notice of Exclusive Control (as defined in the Intercreditor Agreement Deposit Account Control Agreements), and (2b) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations obligations of the Company and the Guarantors hereunder and thereunderunder the Notes, the Guarantees, the Collateral Agreements and the Registration Rights Agreement. Subject to the provisions terms of the Collateral Agreements and the Intercreditor Agreement, the Trustee and shall have the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may deem expedient to preserve or protect its interests interest and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder or be prejudicial to the interests of the Holders, the Collateral Agent Holders or the Trustee).

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions terms of Section 8.01 and 8.02 hereof, and to the Collateral Agreements and the Intercreditor Agreement, each of the Trustee or the Collateral Agent may, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems necessary or appropriate in order to (1a) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2b) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company and the Guarantors hereunder and thereunderunder the Notes, the Collateral Agreements and the Note Registration Rights Agreement. Subject to the provisions terms of the Collateral Agreements and the Intercreditor Agreement, the Trustee and shall have the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may deem expedient to preserve or protect its interests interest and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder or be prejudicial to the interests of the Holders, the Collateral Agent Holders or the Trustee).

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 Sections 7.01 and 8.02 7.02 hereof, and to the Collateral Agreements and the Intercreditor AgreementAgreements, each of the Trustee or the Collateral Agent may, but shall not be obligated to, in its sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems necessary or appropriate in order to (1) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2) after the occurrence and during the continuance of an Event of Default, collect and receive any and all amounts payable in respect of the Collateral in respect of the Note Obligations of the Company and the Subsidiary Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor AgreementAgreements, the Trustee and the Collateral Agent shall each have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may deem expedient to preserve or protect its interests and the interests of the Holders in the Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder or be prejudicial to the interests of the Holders, the Collateral Agent or the Trustee).

Authorization of Actions to Be Taken by the Trustee Under the Collateral Agreements. Subject to the provisions of Section 8.01 and 8.02 hereof, and to the applicable Collateral Agreements and the Intercreditor Agreement, each of (a) the Trustee or and the Collateral Agent may, in its their sole discretion and without the consent of the Holders, on behalf of the Holders, take all actions it deems they deem necessary or appropriate in order to (1i) enforce any of the terms of the Collateral Agreements and the Intercreditor Agreement and (2ii) collect and receive any and all amounts payable in respect of the Collateral in respect of the Obligations of the Company hereunder, and the Guarantors hereunder and thereunder. Subject to the provisions of the Collateral Agreements and the Intercreditor Agreement, (b) the Trustee and the Collateral Agent shall each have power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of the Collateral Agreements, the Intercreditor Agreement Agreements or this Indenture, and such suits and proceedings as the Trustee or and the Collateral Agent may deem expedient to preserve or protect its their interests and the interests of the Holders in the Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other 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 interest hereunder thereunder or be prejudicial to the interests of the Holders, the Collateral Agent Trustee or the TrusteeCollateral Agent). Notwithstanding the foregoing, the Trustee may, at the expense of the Company, request the direction of the Holders with respect to any such actions and upon receipt of the written consent of the Holders of at least a majority in aggregate principal amount of the Outstanding Notes, shall take such actions.