Common use of Control by Certificateholders Clause in Contracts

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 32 contracts

Samples: Pass Through Trust Agreement (Jetblue Airways Corp), Assignment and Assumption Agreement (Jetblue Airways Corp), Trust Agreement (Jetblue Airways Corp)

AutoNDA by SimpleDocs

Control by Certificateholders. Subject to Section 6.03 and the any related Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the such Trust or pursuant to the terms of the such Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the such Intercreditor Agreement, including any right of the Trustee as Controlling Party under the such Intercreditor Agreement or as holder of the Equipment NotesNotes held in the related Trust; provided, provided however, that:

Appears in 20 contracts

Samples: Through Trust Agreement (Spirit Airlines, Inc.), Through Trust Agreement (United Air Lines Inc), Through Trust Agreement (Us Airways Inc)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 13 contracts

Samples: Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp), Trust Agreement (Continental Airlines Inc /De/)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment Notes, provided PROVIDED that:

Appears in 10 contracts

Samples: Execution (Amtran Inc), Execution (Amtran Inc), Pass Through Trust Agreement (Amtran Inc)

Control by Certificateholders. Subject to Section 6.03 and the any Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the such Trust or pursuant to the terms of the any Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the any Intercreditor Agreement, including any right of the Trustee as Controlling Party under the any Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 7 contracts

Samples: Trust Agreement (Northwest Airlines Corp), Through Trust Agreement (America West Airlines Inc), Pass Through Trust Agreement (Northwest Airlines Holdings Corp/Pred)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor AgreementAgreement and the rights of the Controlling Party thereunder, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 6 contracts

Samples: Trust Agreement (Amtran Inc), Trust Agreement (Amtran Inc), Trust Agreement (Amtran Inc)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment NotesNotes held in the related Trust; provided, provided however, that:

Appears in 4 contracts

Samples: Trust Agreement (Atlas Air Inc), Trust Agreement (Atlas Air Inc), Trust Agreement (Atlas Air Inc)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment NotesNotes held in the Trust, provided that:

Appears in 4 contracts

Samples: Trust Agreement (Continental Airlines Inc /De/), Trust Agreement (Continental Airlines Inc /De/), Trust Agreement (Continental Airlines Inc /De/)

AutoNDA by SimpleDocs

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment NotesNote, provided that:

Appears in 2 contracts

Samples: Trust Agreement (Jetblue Airways Corp), Trust Agreement (Jetblue Airways Corp)

Control by Certificateholders. Subject to Section 6.03 and the any Intercreditor Agreement, the Certificateholders holding Certificates of a series evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the such Trust or pursuant to the terms of the any Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the any Intercreditor Agreement, including any right of 40 34 the Trustee as Controlling Party under the any Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 1 contract

Samples: Trust Agreement (America West Airlines Inc)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the 40 -35- Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 1 contract

Samples: Through Trust Agreement (America West Airlines Inc)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the Trust shall have the 40 -35- right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment Notes, provided that:

Appears in 1 contract

Samples: Through Trust Agreement (America West Airlines Inc)

Control by Certificateholders. Subject to Section 6.03 and the Intercreditor Agreement, the Certificateholders holding Certificates evidencing Fractional Undivided Interests aggregating not less than a majority in interest in the related Trust shall have the right to direct the time, method and place of conducting any proceeding for any 45 39 remedy available to the Trustee with respect to the Trust or pursuant to the terms of the Intercreditor Agreement, or exercising any trust or power conferred on the Trustee under this Agreement or the Intercreditor Agreement, including any right of the Trustee as Controlling Party under the Intercreditor Agreement or as holder of the Equipment NotesNotes held in the related Trust; provided, provided however, that:

Appears in 1 contract

Samples: Trust Agreement (Atlas Air Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.