Common use of No Duties Except as Specified in Indenture or Instructions Clause in Contracts

No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 9 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

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No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft Engine or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and Trust Indenture obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft Engine or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. . The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided Trust Indenture herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any Trust Indenture such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

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No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft Engine or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.if

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

No Duties Except as Specified in Indenture or Instructions. The Indenture Trustee shall not have any duty or obligation to maintain, use, operate, store, lease, control, manage, sell, dispose of, insure or otherwise deal with the Aircraft or any other part of the Trust Indenture Estate, or to otherwise take or refrain from taking any action under, or in connection with, this Indenture or any Indenture Document or any part of the Trust Indenture Estate, except as expressly provided by the terms of this Indenture or as expressly provided in written instructions from Note Holders as provided in this Indenture and no implied duties or obligations shall be read into this Indenture against the Indenture Trustee. It is understood that, as between the Indenture Trustee and the Note Holders, with respect to all matters left to the discretion of the Indenture Trustee hereunder, or under any Indenture Document, the Indenture Trustee shall have the right to request written instructions from the Note Holders and, pending receipt of such instructions from the Note Holders or the required percentage thereof as provided herein, the Indenture Trustee shall not be required to take any such discretionary action hereunder; provided, however, that if the Indenture Trustee shall request written instructions pursuant to this Section 5.04, it will use reasonable efforts to seek and obtain such instructions promptly so as not unreasonably to delay the proposed action of Lessee in respect of which the instructions are sought. The Indenture Trustee agrees that it will in its individual capacity and at its own cost and expense (but without any right of indemnity in respect of any such cost or expense under Article VII hereof or any other Operative Document) promptly take such action as may be necessary to duly discharge all Lenders' Liens on any part of the Trust Indenture Estate attributable to it in its individual capacity.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

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