Common use of Intervention by Trustee Clause in Contracts

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the Bonds, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 5 contracts

Samples: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Mississippi Inc)

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Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the Bonds, the Trustee may intervene on behalf of Bondholders and, subject to the Bondholders and provisions of Section 8.1(l), shall do so if requested in writing by the owners of at least twenty-five percent (25% of the %) in aggregate principal amount of all Bonds then Outstandingoutstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 4 contracts

Samples: Financing and Covenant Agreement, Trust Indenture, Trust Indenture

Intervention by Trustee. In any judicial proceeding to which the Issuer or the Company is a party of which the Trustee has actual notice and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners Holders of the Bonds, the Trustee may intervene on behalf of the Bondholders Holders, and shall intervene if requested to do so if requested in writing by the owners Holders of at least 25% of the aggregate principal amount of Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Trust Indenture (Hyco International, Inc.), Ocean Bio Chem Inc, Ocean Bio Chem Inc

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the Bonds, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then Outstandingoutstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Trust Indenture (Gulf Power Co), Trust Indenture (Gulf Power Co), Gulf Power Co

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the Bondsparty, the Trustee may intervene on behalf of the Bondholders may, and shall do if so if requested in writing by the owners Owners of at least twenty-five percent (25% of the %) in aggregate principal amount of the Bonds then OutstandingOutstanding shall, intervene, to the extent permitted by law, on behalf of Bondholders. The rights and obligations of Trustee shall not be required to intervene without receiving indemnity from the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionBondholders for such undertaking.

Appears in 3 contracts

Samples: Weirton Steel Corp, Weirton Steel Corp, Weirton Steel Corp

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the BondsBonds issued hereunder, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners holders of at least 25% a majority of the aggregate principal amount of Bonds then Outstandingoutstanding hereunder. The rights and obligations of the Trustee under this Section 9.04 11.4 are subject to the approval of a the court of competent jurisdictionhaving jurisdiction in the premises.

Appears in 3 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC), Entergy Louisiana, LLC

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners Bondholders of the Bonds, the Trustee may intervene on behalf of Bondholders and, subject to the Bondholders and provisions of Section 8.1(l), shall do so if requested in writing by the owners of at least twenty-five percent (25% of the %) in aggregate principal amount of all Bonds then Outstandingoutstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Financing Agreement, Trust Indenture

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the BondsBondholders, the Trustee may intervene on behalf of Holders and, to the Bondholders and extent that it is indemnified to its reasonable satisfaction, shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then OutstandingBondowner Representative. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionjurisdiction in the premises.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion reasonable judgment of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the BondsExpenditure Agreement, the Trustee may intervene on behalf of Expenditure Agreement Owners and, subject to the Bondholders and provisions of Section 8.1(k), shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then OutstandingRequisite Expenditure Agreement Owners. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Intervention by Trustee. In any judicial proceeding to which the Issuer or the Borrower is a party and which in the opinion of the Trustee and its counsel Counsel has a substantial bearing on the interests of the owners of the BondsBondholders, the Trustee may intervene on behalf of Bondholders and, subject to the Bondholders and provisions of Section 10.01(i), shall do so if requested in writing by the owners Owners of at least 25% of the a majority in aggregate principal amount of all Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionoutstanding.

Appears in 2 contracts

Samples: Indenture of Trust (Southwest Gas Corp), Indenture of Trust (Southwest Gas Corp)

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion reasonable judgment of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the Bonds, the Trustee may intervene on behalf of Bondholders and, subject to the Bondholders and provisions of Section 8.1(k), shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then OutstandingRequisite Bondholders. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Trust Indenture, Financing Agreement

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the Bondsparty, the Trustee may shall intervene on behalf of Bondholders subject to the Bondholders and shall do so if requested provisions of Section 8.1(l), upon being directed in writing by the owners of at least twenty-five percent (25% of the %) in aggregate principal amount of all Bonds then Outstandingoutstanding to intervene in such proceeding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the Bonds, the Trustee may in its own name and as trustee of an express trust intervene on behalf of the Bondholders holders of the Bonds and shall shall, upon receipt of indemnity satisfactory to it, do so if requested in writing by the owners of at least 25% of Purchaser if permitted by the aggregate principal amount of Bonds then Outstanding. The rights and obligations of court having jurisdiction in the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionpremises.

Appears in 1 contract

Samples: Indenture (Boardwalk Pipeline Partners, LP)

Intervention by Trustee. In any judicial proceeding to which the Issuer or the Borrower is a party and which in the opinion of the Trustee and its counsel Counsel has a substantial bearing on the interests of the owners of the BondsBondholders, the Trustee may intervene on behalf of Bondholders and, subject to the Bondholders and provisions of Section 10.01(i), shall do so if requested in writing by the owners Owners of at least 25% of the a majority in aggregate principal amount of all Bonds then Outstandingoutstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction10.06.

Appears in 1 contract

Samples: Southwest Gas Corp

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the Bonds, the Trustee may intervene on behalf of Bondholders and, subject to the Bondholders and provisions of Section 1001(l), shall do so if requested in writing by the owners of at least 25% of the a majority in aggregate principal amount of all Bonds then Outstandingoutstanding. The rights and obligations Nothing in this Section 1004 shall be construed so as to diminish the enforceability by the Issuer of its remedies under Section 6.3 of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionAgreement.

Appears in 1 contract

Samples: Intrepid Technology & Resources, Inc.

Intervention by Trustee. In any judicial proceeding to which the Issuer or the Borrower is a party party, and which which, in the opinion of the Trustee and its counsel counsel, has a substantial bearing on the interests of the owners Owners of the Outstanding Bonds, the Trustee may intervene on behalf of the Bondholders Owners of the Bonds and shall do so if requested in writing by the owners Owners of at least twenty-five percent (25% of the %) in aggregate principal amount of the Bonds then Outstanding. The rights , and obligations of the Trustee under this when provided with sufficient indemnity pursuant to Section 9.04 are subject to the approval of a court of competent jurisdiction8.1(l) hereof.

Appears in 1 contract

Samples: Iac Capital Trust

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Intervention by Trustee. In any judicial proceeding concerning the issuance or the payment of the Bonds to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners Owners of the Bonds, the Trustee may intervene on behalf of the Bondholders Owners and shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then Outstanding. The rights Outstanding and obligations of the Trustee under this being provided a bond as described in Section 9.04 are subject to the approval of a court of competent jurisdiction10.01(l) hereof.

Appears in 1 contract

Samples: Bond Trust Indenture and Security Agreement

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the BondsBonds issued hereunder, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners holders of at least 2510% of the aggregate principal amount of Bonds then Outstandingoutstanding hereunder. The rights and obligations of the Trustee under this Section 9.04 11.4 are subject to the approval of a the court of competent jurisdictionhaving jurisdiction in the premises.

Appears in 1 contract

Samples: Gulf States Utilities Co

Intervention by Trustee. In any judicial proceeding to which the Issuer or the Company is a party and which in the opinion of the Trustee and its counsel attorney has a substantial bearing on the interests of the owners holders of the Bonds, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners holders of at least twenty-five percent (25% %) of the aggregate principal amount of Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionoutstanding.

Appears in 1 contract

Samples: Trust Agreement (Sterigenics International)

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the Bonds, the Trustee may intervene on behalf of the Bondholders and and, subject to receipt of indemnity satisfactory to it, shall do so if requested in writing by the owners holders of at least 25% of the a majority in aggregate principal amount of all Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionoutstanding.

Appears in 1 contract

Samples: Enron Corp/Or/

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners Owners of the Bonds, the Trustee may intervene on behalf of Owners of the Bondholders Bonds and shall do so if requested in writing by the owners Owners of at least twenty-five per centum (25% %) of the aggregate principal amount of Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdiction.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests interest of the owners Registered Owners of the Bonds, the Trustee may intervene on behalf of the Bondholders such Owners and shall do so if requested in writing by the owners Registered Owners of at least 25% in aggregate Principal amount of the aggregate principal amount of Bonds then Outstanding. The rights and obligations of the Trustee under this Section 9.04 8.4 are subject to the approval of a court of competent jurisdiction.

Appears in 1 contract

Samples: Bond Purchase Agreement

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners of the Bonds, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners holders of at least 25% fifty percent (50%) of the aggregate principal amount of Bonds then Outstanding. The rights and obligations of outstanding, provided that the Trustee under this Section 9.04 are subject to shall first have been offered such reasonable indemnity as it may require against the approval costs, expenses and liabilities which it may incur in or by reason of a court of competent jurisdictionsuch proceeding.

Appears in 1 contract

Samples: Enron Corp/Or/

Intervention by Trustee. In any judicial proceeding concerning the issuance of the payment of the Bonds to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners Owners of the Bonds, the Trustee may intervene on behalf of the Bondholders Owners and shall do so if requested in writing by the owners of at least 25% of the aggregate principal amount of Bonds then Outstanding. The rights Outstanding and obligations of the Trustee under this being provided a bond as described in Section 9.04 are subject to the approval of a court of competent jurisdiction9.01(l) hereof.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the opinion of the Trustee and its counsel has a substantial bearing on the interests of the owners holders of the BondsDebentures issued hereunder, the Trustee may shall intervene on behalf of the Bondholders and shall do so Debenture Holders if requested in writing to do so by the owners holders of at least 25% ten percent (10%) of the aggregate principal amount of Bonds then OutstandingDebentures Outstanding hereunder. The rights and obligations of the Trustee under this Section 9.04 10.04 are subject to the approval of a the court of competent jurisdictionhaving jurisdiction in the premises.

Appears in 1 contract

Samples: Cross Border Resources, Inc.

Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which which, in the opinion of the Trustee and its counsel Counsel, has a substantial bearing on the interests interest of the owners of the BondsBondholders, the Trustee may intervene on behalf of the Bondholders and shall do so if requested in writing by the owners of at least 25% a majority of the aggregate principal amount Holders of Bonds then Outstandingall the Bonds. The rights and obligations of the Trustee under this Section 9.04 are subject to the approval of a court of competent jurisdictionjurisdiction if such approval is required by law as a condition to such intervention.

Appears in 1 contract

Samples: Trust Indenture

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