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

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, the Trustee may in the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 4 contracts

Samples: Exhibit T3c (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

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Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 Sections 7.01, 7.02 and 7.02 hereof and the provisions of the Collateral Documents7.12 hereof, the Trustee may in the case of an ongoing Event of Default(but shall not be obligated to, and shall have no liability for failure to), in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers hereunder, including, but not limited to, the appointment and approval of collateral agents and the Guarantors hereunderappointment and approval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 4 contracts

Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, the The Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Holders, take all actions or direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, Trustee or any Co-Collateral Trustee or separate Collateral Trustee to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company company under this Article XI. Subject to the provisions of this Agreement and the Guarantors hereunder. The other Security Documents, the Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that which may be unlawful or in violation of the Collateral Security Documents or this IndentureAgreement, and such suits and proceedings as the Trustee it may deem expedient to preserve or protect its interests interest and the interests of the Holders of Notes in the Note 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, of or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the TrusteeCollateral Trustee in any such capacity).

Appears in 2 contracts

Samples: Indenture (Amerco /Nv/), Amerco /Nv/

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 8.01 and 7.02 hereof and the provisions of the Collateral Documents8.02 hereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, take, or direct the Collateral Agent toto take, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. 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 Note Pledged Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Pledged 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 of Notes or of the Trustee).

Appears in 2 contracts

Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 Security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 2 contracts

Samples: Escrow Agreement (Echostar DBS Corp), Echostar DBS Corp

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 Sections 7.1 and 7.02 7.2 hereof and the provisions of the Collateral DocumentsTrust Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Subject to the Collateral Trust Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Note 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 of Senior Notes or of the Trustee).

Appears in 2 contracts

Samples: Genesis Health (Genesis Health Ventures Inc /Pa), Genesis Health (Genesis Health Ventures Inc /Pa)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, the Trustee may in the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors Issuers hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 2 contracts

Samples: Comdisco Inc, Comdisco Holding Co Inc

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Holders, directand shall, on behalf of upon Required Consent from the Holders of NotesHolders, direct the Collateral Agent to, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect collect, receive and receive distribute any and all amounts payable in respect of the Obligations obligations of the Company and the Guarantors hereunder, subject to the terms of the Intercreditor Agreement. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 2 contracts

Samples: Indenture (Nii Holdings Cayman LTD), Indenture (Nii Holdings Inc)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to compliance with any applicable Gaming Laws and to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral DocumentsIntercreditor Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders holders of Notes subject to Section 6.05, directOutstanding Notes, on behalf of the Holders holders of Outstanding Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Subject to the provisions of the Intercreditor Agreement, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders holders of Outstanding Notes in the Note 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 rule, or order would impair the security interest hereunder or be prejudicial to the interests of the Holders holders of Outstanding Notes or of the Trustee).

Appears in 2 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 7.01, 7.02 and 7.02 hereof and the provisions of the Collateral Documents7.13 hereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers hereunder, including but not limited to the appointment and approval of collateral agents and the Guarantors hereunderappointment and approval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 2 contracts

Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 Sections 7.1 and 7.02 hereof 7.2 hereof, the Collateral Trust Agreement and the provisions of the Collateral DocumentsMortgage Indenture, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent toor the Mortgage Indenture Trustee, as the case may be, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. Subject to the Collateral Trust Agreement and the Guarantors hereunder. The Mortgage Indenture, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Note 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 of Senior Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Genesis Health Ventures Inc /Pa)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. (a) Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directHolders, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (a) enforce any of its rights or any of the terms rights of the Holders under the Collateral Documents and the Intercompany Note and (b) collect and receive any and all amounts payable in respect of the Obligations Collateral in respect of the obligations of the Company and the Guarantors hereunderSubsidiaries hereunder and thereunder. The Subject to the provisions of the Collateral Documents, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests interest and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Imco Recycling Inc)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 Sections 7.1 and 7.02 7.2 hereof and the provisions of the Collateral DocumentsIntercreditor Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Subject to the Intercreditor Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Note 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 of Senior Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Mariner Post Acute Network Inc)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to compliance with any applicable Gaming Laws and to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral DocumentsIntercreditor Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directOutstanding Notes, on behalf of the Holders of Outstanding Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Subject to the provisions of the Intercreditor Agreement, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders of Outstanding Notes in the Note 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 rule, or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Outstanding Notes or of the Trustee).

Appears in 1 contract

Samples: MGM Mirage

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Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Holders, directand shall, on behalf of upon Required Consent from the Holders of NotesHolders, direct the Collateral Agent to, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect collect, receive and receive distribute any and all amounts payable in respect of the Obligations obligations of the Company and the Guarantors hereunder, subject to the terms of the Intercreditor Agreement. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any 62 impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Nii Holdings Cayman LTD)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject Each Holder, by acceptance of a Security, authorizes and directs the Trustee to the provisions of Section 7.01 and 7.02 hereof and the provisions of enter into the Collateral Documents, the . The Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directHolders, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Ultimate Electronics Inc)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section Sections 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment impair-ment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Casino Magic of Louisiana Corp)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 7.01, 7.02 and 7.02 7.12 hereof and the provisions of the Collateral DocumentsIntercreditor Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and/or the Intercreditor Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers hereunder, including but not limited to the appointment and approval of collateral agents, any actions of consents required to be taken under the Intercreditor Agreement and the Guarantors hereunderappointment and approval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 102 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: Las Vegas Sands Inc

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 8.01 and 7.02 hereof and the provisions of the Collateral DocumentsSection 8.02 hereof, the Trustee may in may, at the case of an ongoing Event of Default, in its sole discretion and without the consent written direction of the Holders of Notes subject to Section 6.05, directMajority Holders, on behalf of the Holders of Notes, take, or direct the Collateral Agent toto take, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. 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 Note Pledged Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Pledged 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Akoustis Technologies, Inc.)

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. (a) Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, the GM Intercreditor Agreement and the other provisions of this Indenture, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders Holders, take, on behalf of Notes subject to Section 6.05the Holders, or direct, on behalf of the Holders of NotesHolders, the Collateral Agent toto take, take all actions it deems necessary or appropriate in order to (ai) enforce any of its rights or any of the terms rights of the Holders under the Collateral Documents and (bii) upon the occurrence and during the continuance of an Event of Default, collect and receive any and all amounts payable in respect of the Obligations Collateral in respect of the Company obligations of the Issuer and the Guarantors hereunderhereunder and thereunder. The Subject to the provisions of the Collateral Documents, the other provisions of this Indenture and the GM Intercreditor Agreement, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests interest and the interests of the Holders of Notes in the Note 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 of Notes or of the Trustee).

Appears in 1 contract

Samples: American Axle & Manufacturing Holdings Inc

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 Sections 7.1 and 7.02 7.2 hereof and the provisions of the Collateral DocumentsTrust Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, Trustee to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Subject to the Collateral Trust Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Note 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 of Senior Notes or of the Trustee).

Appears in 1 contract

Samples: Superior Telecommunications Inc

Authorization of Actions to Be Taken by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 5.12 and 7.02 hereof and the provisions of the Collateral Documentscompliance with any applicable Gaming Laws, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders holders of Notes subject to Section 6.05, directOutstanding Notes, on behalf of the Holders holders of Outstanding Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Company and the Guarantors hereunder. The Trustee shall have the power to institute and to maintain such suits and proceedings as it may reasonably deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may reasonably deem expedient to preserve or protect its interests interest and the interests of the Holders holders of Outstanding Notes in the Note 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 rule, or order would impair the security interest hereunder or be prejudicial to the interests of the Holders holders of Outstanding Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (MGM Grand Inc)

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