Actions by Beneficiaries. Any Beneficiary may from time to time, without notice or demand and without affecting the validity or enforceability of this Guaranty or giving rise to any limitation, impairment or discharge of any Guarantor’s liability hereunder, (a) renew, extend, accelerate or otherwise change the time, place, manner or terms of payment of the Guarantied Obligations, (b) settle, compromise, release or discharge, or accept or refuse any offer of performance with respect to, or substitutions for, the Guarantied Obligations or any agreement relating thereto and/or subordinate the payment of the same to the payment of any other obligations, (c) request and accept other guaranties of the Guarantied Obligations and take and hold security for the payment of this Guaranty or the Guarantied Obligations, (d) release, exchange, compromise, subordinate or modify, with or without consideration, any security for payment of the Guarantied Obligations, any other guaranties of the Guarantied Obligations, or any other obligation of any Person with respect to the Guarantied Obligations, (e) enforce and apply any security now or hereafter held by or for the benefit of any Beneficiary in respect of this Guaranty or the Guarantied Obligations and direct the order or manner of sale thereof, or exercise any other right or remedy that Guarantied Party or the other Beneficiaries, or any of them, may have against any such security, as Guarantied Party in its discretion may determine consistent with the Credit Agreement, the Lender Swap Agreements and any applicable security agreement, including foreclosure on any such security pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable, and (f) exercise any other rights available to Guarantied Party or the other Beneficiaries, or any of them, under the Loan Documents or the Lender Swap Agreements.
Actions by Beneficiaries. Any request, demand, authorisation, direction, notice, consent, waiver or other act by a Beneficiary shall bind each and every successor of such Beneficiary.
Actions by Beneficiaries. No Beneficiary shall have the right to institute any action, suit or proceeding or to exercise any other remedy authorized by this trust agreement for the purpose of enforcing any of its rights or for the execution of any trust or power hereunder unless the Beneficiary has requested the Trustee to take or institute such action, suit or proceeding and furnished the Trustee with the funding, security and indemnity referred to in section 7.6 and the Trustee shall have failed to act within a reasonable time thereafter. In such case, but not otherwise, the Beneficiary shall be entitled to take proceedings in any court of competent jurisdiction such as the Trustee might have taken; it being understood and intended that no one or more Beneficiaries shall have any right in any manner whatsoever to affect, disturb or prejudice the rights hereby created by any such action, or to enforce any right hereunder or under the Voting Rights, the Exchange Rights or the Automatic Exchange Rights except subject to the conditions and in the manner herein provided, and that all powers and trusts hereunder shall be exercised and all proceedings at law shall be instituted, had and maintained by the Trustee, except only as herein provided, and in any event for the equal benefit of all Beneficiaries.
Actions by Beneficiaries. (a) Wherever in this Agreement a provision is made that an action may be taken or a notice, demand or instruction given by Beneficiaries, such action, notice or instruction may be taken or given by any Beneficiary, unless such provision requires a specific percentage of Beneficiaries.
Actions by Beneficiaries. (a) Wherever in this Agreement a provision is made that an action may be taken or a notice, demand or instruction given by an Investor Beneficiary, such action notice or instruction may be taken or given by any person directed by the Investor Beneficiaries, and any such action, notice, demand or instruction shall be deemed to be effective, if taken or given by such agent (if so appointed and directed) for all purposes as if the same had been taken or given by the Investor Beneficiaries. For the avoidance of doubt, such person may include the Receivables Trustee acting in its capacity as trustee of the Receivables Trust.
Actions by Beneficiaries. 19 5.11 Voting By Investor Beneficiaries.......................................................20 5.12
Actions by Beneficiaries. 66 12.13 Voting By Investor Beneficiaries.......................................................................66 12.14 Merger And Integration.................................................................................66 12.15 Headings...............................................................................................66 Schedule 1 GENERAL PRINCIPLES RELATING TO CALCULATIONS AND APPLICATIONS...........................................67 Schedule 2 FORM OF DEFAULTED ACCOUNTS INSTRUCTION NOTICE..........................................................72 EXHIBIT A...............................................................................................................73 EXHIBIT B...............................................................................................................76 EXHIBIT C...............................................................................................................79 DECLARATION OF TRUST AND TRUST CASH MANAGEMENT AGREEMENT (AS AMENDED AND RESTATED PURSUANT TO A DEED OF AMENDMENT AND RESTATEMENT DATED 23 NOVEMBER 1999) BETWEEN:
Actions by Beneficiaries. 66 12.13 Voting By Investor Beneficiaries....................................................... 66 12.14 Merger And Integration................................................................. 66 12.15 Headings............................................................................... 66
