Common use of Right to Receive Instructions Clause in Contracts

Right to Receive Instructions. In the event that the Owner Trustee is unable to decide between alternative courses of action, or is unsure as to the application of any provision of this Agreement or any Basic Document, or such provision is ambiguous as to its application, or is, or appears to be, in conflict with any other applicable provision, or in the event that this Agreement or any Basic Document permits any determination by the Owner Trustee or is silent or is incomplete as to the course of action which the Owner Trustee is required to take with respect to a particular set of facts, the Owner Trustee may give notice (in such form as shall be appropriate under the circumstances) to the Depositor requesting instructions and, to the extent that the Owner Trustee shall have acted or refrained from acting in good faith in accordance with any instructions received from the Owners, the Owner Trustee shall not be liable on account of such action or inaction to any Person. If the Owner Trustee shall not have received appropriate instructions within ten days of such notice (or within such shorter period of time as may be specified in such notice) the Owner Trustee may, but shall be under no duty to, take or refrain from taking such action, not inconsistent with this Agreement or the Basic Documents, as the Owner Trustee shall deem to be in the best interests of the Owners, and the Owner Trustee shall have no liability to any Person for such action or inaction.

Appears in 5 contracts

Samples: Trust Agreement (SLC Private Student Loan Trust 2006-A), Amended and Restated Trust Agreement (SLC Student Loan Receivables I Inc), Trust Agreement (SLC Student Loan Receivables I Inc)

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Right to Receive Instructions. In the event that the Owner Trustee is unable to decide between alternative courses of action, or is unsure as to the application of any provision of this Agreement or any Basic DocumentTrust Agreement, or such provision is ambiguous as to its application, or is, or appears to be, in conflict with any other applicable provision, or in the event that this Trust Agreement or any Basic Document permits any determination by the Owner Trustee or is silent or is incomplete as to the course of action which the Owner Trustee is required to take with respect to a particular set of facts, the Owner Trustee may give notice (in such form as shall be appropriate under the circumstances) to the Depositor Certificateholders requesting instructions in accordance with Section 4.2 hereof and, to the extent that the Owner Trustee shall have acted acted, or refrained from acting acting, in good faith in accordance with any such instructions received from the OwnersCertificateholders, the Owner Trustee shall not be liable on account of such action or inaction to any Person. If the Owner Trustee shall not have received appropriate instructions within ten fifteen days of such notice (or within such shorter period of time as may be reasonably specified in such notice) the Owner Trustee may, but shall be under no duty to, take or refrain from taking such action, not inconsistent with this Agreement or the Basic DocumentsTrust Agreement, as the Owner Trustee shall deem to be in the best interests of the OwnersCertificateholders, and the Owner Trustee shall have no liability to any Person for such action or inactioninaction except to the extent described in the second sentence of Section 7.1 hereof.

Appears in 1 contract

Samples: Trust Agreement (Wendy's of Denver, Inc.)

Right to Receive Instructions. In the event that the Owner Trustee is unable to decide between alternative courses of action, or is unsure as to the application of any provision of this Trust Agreement or any Basic Document, or such provision is ambiguous as to its application, or is, or appears to be, in conflict with any other applicable provision, or in the event that this Trust Agreement or any Basic Document permits any determination by the Owner Trustee or is silent or is incomplete as to the course of action which the Owner Trustee is required to take with respect to a particular set of facts, the Owner Trustee may give notice (in such form as shall be appropriate under the circumstances) to the Depositor registered Certificateholders requesting instructions in accordance with Section 4.2 hereof and, to the extent that the Owner Trustee shall have acted acted, or refrained from acting acting, in good faith in accordance with any such instructions received from the Ownersregistered Certificateholders, the Owner Trustee shall not be liable liable, in its individual capacity, on account of such action or inaction to any Person. If the Owner Trustee shall not have received appropriate instructions within ten days of such notice (or within such shorter period of time as may be specified in such notice) the Owner Trustee may, but shall be under no duty to, take or refrain from taking such action, not inconsistent with this Agreement or the Basic Documents, as the Owner Trustee shall deem to be in the best interests of the OwnersCertificateholders, and the Owner Trustee shall have no liability liability, in its individual capacity, to any Person for such action or inaction.

Appears in 1 contract

Samples: Trust Agreement (Copelco Capital Funding Corp Xi)

Right to Receive Instructions. In the event that the Owner Trustee is unable to decide between alternative courses of action, or is unsure as to the application of any provision of this Agreement or any Basic DocumentTrust Related Agreement, or such provision is ambiguous as to its application, or is, or appears to be, in conflict with any other applicable provision, or in the event that this Agreement or any Basic Document Trust Related Agreement permits any determination by the Owner Trustee or is silent or is incomplete as to the course of action which the Owner Trustee is required to take with respect to a particular set of facts, the Owner Trustee may give notice (in such form as shall be appropriate under the circumstances) to the Depositor requesting instructions and, to the extent that the Owner Trustee shall have acted or refrained from acting in good faith in accordance with any instructions received from the Owners, the Owner Trustee shall not be liable on account of such action or inaction to any Person. If the Owner Trustee shall not have received appropriate instructions within ten days of such notice (or within such shorter period of time as may be specified in such notice) the Owner Trustee may, but shall be under no duty to, take or refrain from taking such action, not inconsistent with this Agreement or the Basic DocumentsTrust Related Agreements, as the Owner Trustee shall deem to be in the best interests of the Owners, and the Owner Trustee shall have no liability to any Person for such action or inaction.

Appears in 1 contract

Samples: Amended and Restated Trust Agreement (SLC Student Loan Receivables I Inc)

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Right to Receive Instructions. In the event that the Owner Trustee is unable to decide between alternative courses of action, or is unsure as to the application of any provision of this Agreement or any Basic Document, or such provision is ambiguous as to its application, or is, or appears to be, in conflict with any other applicable provision, or in the event that this Agreement or any Basic Document permits any determination by the Owner Trustee or is silent or is incomplete as to the course of action which that the Owner Trustee is required to take with respect to a particular set of facts, the Owner Trustee may give notice (in such form as shall be appropriate under the circumstances) to the Depositor requesting instructions and, to the extent that the Owner Trustee shall have acted or refrained from acting in good faith in accordance with any instructions received from the Owners, the Owner Trustee shall not be liable on account of such action or inaction to any Person. If the Owner Trustee shall not have received appropriate instructions within ten days of such notice (or within such shorter period of time as may be specified in such notice) the Owner Trustee may, but shall be under no duty to, take or refrain from taking such action, not inconsistent with this Agreement or the Basic Documents, as the Owner Trustee shall deem to be in the best interests of the Owners, and the Owner Trustee shall have no liability to any Person for such action or inaction.

Appears in 1 contract

Samples: Trust Agreement (Pheaa Student Loan Foundation Inc)

Right to Receive Instructions. In the event that the Owner Trustee is unable to decide between alternative courses of action, or is unsure as to the application of any provision of this Trust Agreement or any Basic Documentrelated agreement, or such provision is ambiguous as to its application, or is, or appears to be, in conflict with any other applicable provision, or in the event that this Trust Agreement or any Basic Document related agreement permits any determination by the Owner Trustee or is silent or is incomplete as to the course of action which the Owner Trustee is required to take with respect to a particular set of facts, the Owner Trustee may give notice (in such form as shall be appropriate under the circumstances) to the Depositor all Certificateholders, with a copy to Borse Dubai and Nasdaq, requesting instructions and, to the extent that the Owner Trustee shall have acted or refrained from acting in good faith in accordance with any unanimous instructions received from the Ownersall Certificateholders, the Owner Trustee shall not be liable on account of such action or inaction to any individual, partnership, corporation, limited liability company, business trust, joint stock company, statutory or other trust, unincorporated association, joint venture, authority or other entity of whatever nature (“Person”). If the Owner Trustee shall not have received appropriate instructions within ten days of such notice (or within such shorter period of time as may be specified in such notice) the Owner Trustee may, but shall be under no duty to, take or refrain from taking such action, not inconsistent with this Trust Agreement or the Basic Documentsrelated agreements, as the Owner Trustee shall deem to be in the best interests of the OwnersTrust, and the Owner Trustee shall have no liability to any Person for such action or inaction.

Appears in 1 contract

Samples: Trust Agreement (Borse Dubai LTD)

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