Determinations Relating to Collateral. In the event (i) the Indenture Trustee shall receive any written request from the Issuer or any other obligor for consent or approval with respect to any matter or thing relating to any Collateral or the Issuer’s or any other obligor’s obligations with respect thereto or (ii) there shall be due to or from the Indenture Trustee under the provisions hereof any performance or the delivery of any instrument or (iii) the Indenture Trustee shall become aware of any nonperformance by the Issuer or any other obligor of any covenant or any breach of any representation or warranty of the Issuer or any other obligor set forth in this Indenture, then, in each such event, the Indenture Trustee shall be entitled to hire experts, consultants, agents and attorneys to advise the Indenture Trustee on the manner in which the Indenture Trustee should respond to such request or render any requested performance or response to such nonperformance or breach (the expenses of which will be reimbursed to the Indenture Trustee pursuant to Section 8.07). The Indenture Trustee will be fully protected in the taking of any action recommended or approved by any such expert, consultant, agent or attorney or agreed to by Holders of not less than 66-2/3% of the Outstanding Dollar Principal Amount of the Outstanding Notes.
Determinations Relating to Collateral. In the event (a) the Collateral Agent shall receive any written request from the Company for consent or approval with respect to any matter or thing relating to the Collateral or the Company’s obligations with respect thereto or (b) there shall be due to or from the Collateral Agent under the provisions of the Collateral Documents any material performance or the delivery of any material instrument or (c) a Responsible Officer of the Collateral Agent shall become actually aware of any material nonperformance by the Company or any Guarantor of any covenant or any material breach of any representation or warranty of the Company or a Guarantor set forth in the Collateral Documents, then, in each such event, the Collateral Agent shall be entitled to hire, at the sole reasonable cost and expense of the Company, experts, consultants, agents and attorneys to advise the Collateral Agent on the manner in which the Collateral Agent should respond to such request or render any requested performance or response to such nonperformance or breach.
Determinations Relating to Collateral. In the event (i) a Responsible Officer of the Trustee shall be deemed to have notice of any written request from the Company or any Guarantor under any Collateral Document or from any party to the Collateral Trust Agreement for consent or approval with respect to any matter or thing relating to any Collateral or the Company’s or any Guarantor’s obligations with respect thereto, or (ii) the Trustee shall deliver to the Collateral Trustee a Notice of Acceleration or Notice of Cancellation (as each of such terms is defined in the Collateral Trust Agreement), or a Notice of Acceleration shall be deemed to be in effect based on the occurrence of an Event of Default under Section 6.01(i) or Section 6.01(j) hereof and the Trustee shall deliver to the Collateral Trustee notice that any such Event of Default shall have occurred, then, in each such event, in addition to its obligations pursuant to Section 7.05, the Trustee shall, within five Business Days, provide notice to the Holders, in writing and at the Company’s expense, reciting the matter or thing as to which consent has been requested or notice was required to be delivered. The Holders pursuant to Section 6.05 shall have the authority to direct the Trustee’s response to any of the circumstances contemplated in clauses (i) and (ii) above. The Trustee may respond to any of the circumstances contemplated by this Section 13.03, but shall not be required to respond unless it shall have received written authority by Holders pursuant to Section 6.05, and the requirements of Article VII, including but not limited to the Trustee’s rights to indemnity and for provision for its fees and expenses as set forth therein, are otherwise satisfied; provided that the Trustee shall be entitled to hire experts, consultants, agents and attorneys to advise the Trustee on the manner in which the Trustee should respond to such request or render any requested performance or response to such nonperformance or breach (the expenses of which shall be reimbursed to the Trustee by the Company in accordance with the terms of Section 7.07 hereunder). The Trustee shall be fully protected in the taking of any action recommended or approved by any such expert, consultant, agent or attorney.
Determinations Relating to Collateral. (a) In the event (i) the Trustee or Collateral Agent shall receive any written request from the Partnership or any Subsidiary Guarantor under any Collateral Document for consent or approval with respect to any matter or thing relating to any Collateral or the Partnership’s or any Subsidiary Guarantor’s obligations with respect thereto, (ii) there shall be required from the Trustee or Collateral Agent under the provisions of any Collateral Document any performance or the delivery of any instrument or (iii) a Trust Officer of the Trustee or the Collateral Agent shall receive written notice of any nonperformance by the Partnership or any Subsidiary Guarantor of any covenant or any breach of any representation or warranty of the Partnership or any Subsidiary Guarantor set forth in any Collateral Document, and, in the case of clause (i), (ii) or (iii) above, the Trustee reasonably believes that the Trustee’s response or action is not otherwise specifically contemplated, or the Trustee does not have the discretion to undertake such response or action, hereunder or under the applicable Collateral Documents, then, in each such event, the Trustee or Collateral Agent shall, within 30 Business Days, advise the Holders, in writing and at the Partnership’s expense, of the matter or thing as to which consent has been requested or the performance or instrument required to be delivered or the nonperformance or breach of which the Trustee has received written notice. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes pursuant to Section 6.05 of the Base Indenture shall have the exclusive authority to direct the response of the Trustee or the Collateral Agent, as the case may be, to any of the circumstances contemplated in clauses (i), (ii) and (iii) above.
Determinations Relating to Collateral. If (i) the Second Priority Collateral Agent shall receive any written request from the Borrower or any Guarantor under any Second Priority Collateral Document for consent or approval with respect to any matter or thing relating to any Collateral or the Borrower or any Guarantor's obligations with respect thereto or (ii) there shall be due to or from the Second Priority Collateral Agent under the provisions of any Second Priority Collateral Document any material performance or the delivery of any material instrument or (iii) the Second Priority Collateral Agent shall become aware of any nonperformance by the Borrower or any Guarantor of any covenant or any breach of any representation or warranty set forth in any Second Priority Financing Document, then, in each such event, the Second Priority Collateral Agent shall promptly advise the Senior Collateral Agent of the matter or thing as to which consent has been requested or the performance or instrument required to be delivered or the nonperformance or breach of which the Second Priority Collateral Agent has become aware. Until the occurrence of the Senior Obligation Payment Date, and subject to Section 6.01, the Senior Collateral Agent and the Required Senior Lenders shall have the exclusive authority to direct the Second Priority Collateral Agent's response to any of the events or circumstances contemplated in clauses (i), (ii) and (iii) above.
Determinations Relating to Collateral. Section 10.10. Release upon Termination of the Company’s Obligations Section 10.11. Notes Collateral Agent’s Duties Section 10.12. Additional Secured Obligations Section 10.13. Designation of New Indenture Documents
Determinations Relating to Collateral. In the event (i) the Administrative Agent shall receive any written request from the Borrower or any other Obligor under any Security Document for consent or approval with respect to any matter relating to any Collateral or the Borrower's or such Obligor's obligations with respect thereto or (ii) there shall be due to or from the Administrative Agent under the provisions of any Security Document, any performance or the delivery of any instrument or (iii) the Administrative Agent shall become aware of any nonperformance by the Borrower or any other Obligor of any covenant or any breach of any representation or warranty for the Borrower or any other Obligor set forth in any
Determinations Relating to Collateral. 7 Section 2.02 Concentration and Collateral Accounts.......................... 7 Section 2.03 Remedies....................................................... 8 Section 2.04 Right to Make Advances......................................... 8 Section 2.05 Nature of Secured Parties' Rights.............................. 9 Section 2.06 Senior Obligation Payment Date................................. 9
Determinations Relating to Collateral. In the event (i) the Trustee shall receive any written request from the Company, a Guarantor or the Collateral Agent under any Security Document for consent or approval with respect to
Determinations Relating to Collateral. In the event the Trustee shall receive actual notice of any non-performance by the Company of any covenant or any breach of any representation or warranty of the Company set forth in any Collateral Document, then, in each event, the Trustee shall be entitled, at the expense of the Company to hire experts, consultants, agents and attorneys to advise the Trustee on the manner, if any, in which the Trustee should respond to such non-performance or breach. The Trustee shall be fully protected in taking, or refraining from taking, any action recommended or approved by any such expert, consultant, agent or attorney or by the Holders of a majority in principal amount of Outstanding Securities pursuant to Section 511 hereof. ARTICLE THREE MODIFICATION OF THE FIRST SUPPLEMENTAL INDENTURE