Common use of Solicitation of Instructions Clause in Contracts

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 10 contracts

Samples: Collateral Trust Agreement (NewPage Energy Services LLC), Collateral Trust Agreement (Leap Wireless International Inc), Collateral Trust Agreement (Cheniere Energy Inc)

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Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 8 contracts

Samples: Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.)

Solicitation of Instructions. (a) The As to any matter not expressly provided for by this Agreement or the other Security Documents, the Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 3 contracts

Samples: Collateral Trust Agreement (Endo International PLC), Collateral Trust Agreement (Endo International PLC), Collateral Trust Agreement (Endo International PLC)

Solicitation of Instructions. (a) The Collateral Security Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, an opinion of counsel, or certificates, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Collateral Documents.

Appears in 3 contracts

Samples: Intercreditor and Proceeds Agreement (Atlas Corp.), Intercreditor and Proceeds Agreement (Atlas Corp.), Intercreditor and Proceeds Agreement (Seaspan CORP)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholdersa direction by the Controlling Priority Debt Representative, the other Priority Debt Representatives, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 3 contracts

Samples: Collateral Trust Agreement (Chesapeake Energy Corp), Collateral Trust Agreement (Chesapeake Energy Corp), Collateral Trust Agreement (Chesapeake Energy Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 3 contracts

Samples: Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the any other Parity Lien Security DocumentsDocument.

Appears in 2 contracts

Samples: Intercreditor Agreement (Viasystems Inc), Collateral Trust Agreement (Viasystems Group Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to taketake (unless the terms of this Agreement unambiguously mandate the action the Collateral Trustee is required to take under the circumstances then existing), or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 2 contracts

Samples: Canadian Collateral Trust Agreement (Primus Telecommunications Group Inc), Collateral Trust Agreement (Primus Telecommunications Group Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate Instructing Debtholders or an order of a court of competent jurisdiction, as to any action that which it may be requested or required to take, or that which it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsAgreement.

Appears in 2 contracts

Samples: Collateral Trust Agreement (NRG Energy, Inc.), Collateral Trust Agreement (NRG Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers' Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or Agreement, the other Security Documents or any Powerton/Joliet Lease Documents.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Midwest Generation LLC), Collateral Trust Agreement (Midwest Generation LLC)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or and the other Security Documents.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (Entravision Communications Corp), Collateral Trust and Intercreditor Agreement (Geokinetics Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers' Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Delta Air Lines Inc /De/), Collateral Trust Agreement (Iwo Holdings Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Parity Lien Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Halcon Resources Corp), Collateral Trust Agreement (Energy XXI LTD)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, jurisdiction as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Parity Lien Debtholders, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (SM Energy Co)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Stock Secured Debtholders or an Act of Required Asset Secured Debtholders, as the case may be, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Tenet Healthcare Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Alliance One International, Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents, and the Collateral Trustee may await receipt of the respective confirmatory instructions before taking the respective such action.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Intelsat S.A.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of of, including but not limited to, an Act of Required Parity Lien Debtholders, an Officers’ Certificate Certificate, written instructions from Parity Lien Representatives or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Petroquest Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers' Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents. The Collateral Trustee will be entitled to refrain from taking any action (and will incur no liability for doing so) until it receives such written confirmatory instructions.

Appears in 1 contract

Samples: Collateral Trust Agreement (Builders FirstSource, Inc.)

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Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate Secured Debtholders or an order of a court of competent jurisdiction, as to any action that which it may be requested or required to take, or that which it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsAgreement.

Appears in 1 contract

Samples: Collateral Trust Agreement (Calpine Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Instructing Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that which it may be requested or required to take, or that which it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsAgreements.

Appears in 1 contract

Samples: Collateral Trust Agreement (GenOn Energy, Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Third Lien Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Third Lien Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Halcon Resources Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Foresight Energy LP)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholdersa written confirmation from the Administrative Agent, an Officers’ Certificate Crest or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Debtholders, an Officers’ Certificate Officer’s Certificate, an opinion of counsel or an order of a court of competent jurisdiction, as to any discretionary action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (American Casino & Entertainment Properties LLC)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersSecured Parties, an Officers’ Certificate Certificate, written instructions from the Authorized Representatives or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security DocumentsDocuments and may refrain from taking action (and shall have no liability for refraining from taking action) until such instruction or court order are received by it.

Appears in 1 contract

Samples: Collateral Trust Agreement (Toys R Us Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Priority Lien Debtholders or an Act of Required Debtholders, as applicable, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersPari Passu Lien Secured Parties, an Officers’ Certificate Certificate, written instructions from Pari Passu Lien Representatives or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Pari Passu Lien Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Sunedison, Inc.)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required DebtholdersCreditors, an Officers’ Officer's Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Security Documents, and shall be fully justified in failing or refusing to act whether under this Agreement or any other Security Document until it shall have received such requested instructions.

Appears in 1 contract

Samples: Collateral Trust Agreement (Belden & Blake Corp /Oh/)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required First Lien Debtholders, an Officers’ Officer’s Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other First Lien Security Documents, and the Collateral Trustee may await receipt of the respective confirmatory instructions before taking the respective such action.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (CVR Energy Inc)

Solicitation of Instructions. (a) The Collateral Trustee may at any time solicit written confirmatory instructions, in the form of an Act of Required Parity Lien Debtholders, an Officers’ Certificate or an order of a court of competent jurisdiction, as to any action that it may be requested or required to take, or that it may propose to take, in the performance of any of its obligations under this Agreement or the other Parity Lien Security Documents.

Appears in 1 contract

Samples: Collateral Trust Agreement (Goodman Networks Inc)

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