Common use of Authorization of Actions to Be Taken Clause in Contracts

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, the Trustee may in the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 4 contracts

Samples: Indenture (Comdisco Holding Co Inc), Comdisco Holding Co Inc, Comdisco Holding Co Inc

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Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents, the Liquidity Facility Intercreditor Agreement and the Senior Notes Intercreditor Agreement. Subject to the provisions of Section 7.01 Sections 7.1, 7.2, 7.3 and 7.02 hereof and the provisions of the Collateral Documents9.2 hereof, the Trustee may in the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of this Indenture, the Liquidity Facility Intercreditor Agreement, the Senior Notes Intercreditor Agreement or the other Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder, including, but not limited to, the appointment and approval of Collateral Agents and the appointment and approval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation hereof or of the other Collateral Documents Documents, the Liquidity Facility Intercreditor Agreement or this Indenturethe Senior Notes Intercreditor Agreement, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or under any of the other Collateral Documents or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 2 contracts

Samples: Indenture (Komag Inc /De/), Komag Inc /De/

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Security Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions terms of the Collateral DocumentsIntercreditor Agreement, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directHolders, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunderand the Subsidiary Guarantors hereunder and under the Notes, the Security Documents and the Registration Rights Agreement. The Subject to the terms of the Intercreditor Agreement, the Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests interest and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 2 contracts

Samples: Indenture (Majestic Star Casino LLC), Indenture (Majestic Investor Capital Corp)

Authorization of Actions to Be Taken. by the Trustee Under --------------------------------------------------------- the Collateral DocumentsEscrow Agreement. -------------------- Subject to the provisions of Section 7.01 601 and 7.02 hereof and the provisions of the Collateral DocumentsSection 603, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directSecurities, on behalf of the Holders of Notes, the Collateral Agent toSecurities, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Escrow Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Issuer hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Escrow Agreement or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes Securities or of the Trustee).

Appears in 1 contract

Samples: Registration Rights Agreement (Exodus Communications Inc)

Authorization of Actions to Be Taken. by the Note Trustee Under the Collateral Security Documents. In accepting the Notes authenticated and delivered by the Note Trustee hereunder, each Holder authorizes the Note Trustee to enter into, and shall be deemed to have consented and agreed to the terms of, the Financing Documents to which the Note Trustee is a party. Subject to the provisions of Section 7.01 4.1 and 7.02 hereof Section 4.2 and the provisions of the Collateral DocumentsCommon Agreement and the Intercreditor Agreement, the Note Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directHolders, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents any Security Document and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Issuer hereunder. The Subject to the Common Agreement and the Intercreditor Agreement, the Note Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents any Security Document or this Indenture, and such suits and proceedings as the Note Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Note Trustee).

Appears in 1 contract

Samples: Note Indenture (Ica Corporation Holding Co)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsAgreements. Subject Prior to the effective time of the Merger, subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Agreements and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Agreements or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Key Energy Group Inc)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents7.02, the Trustee may in the case of an ongoing Event of Default(but shall have no obligation to do so), in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Holders, direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to to: (a1) enforce any of the terms of the Collateral Documents Documents; and (b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Issuer hereunder. The Subject to the terms of the Intercreditor Agreement, the Trustee shall will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).. Section 10.04

Appears in 1 contract

Samples: Indenture (StoneX Group Inc.)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents------------------------------------------------------------- Escrow Agreement. ---------------- Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral DocumentsSection 7.02, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directSecurities, on behalf of the Holders of Notes, the Collateral Agent toSecurities, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Escrow Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Company hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Escrow Agreement or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes Securities in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes Securities or of the Trustee).

Appears in 1 contract

Samples: Unifi Communications Inc

Authorization of Actions to Be Taken. by UNDER THE SECURITY DOCUMENTS. Subject in all cases to the Trustee Under terms of the Intercreditor Agreement, and solely as among the Collateral Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral DocumentsAgent, the Trustee may in and the case of an ongoing Event of DefaultHolders, the Collateral Agent, and/or the Trustee may, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directHolders, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Company hereunder. The Subject in all cases to the terms of the Intercreditor Agreement, solely as among the Collateral Agent, the Trustee and the Holders, each of the Collateral Agent and the Trustee shall have the power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Security Documents, or this Indenture, and such suits and proceedings as the Collateral Agent or the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental government enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Ibasis Inc)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 7.01, 7.02 and 7.02 hereof and the provisions of the Collateral Documents7.12 hereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder, including but not limited to the appointment and approval of collateral agents and the appointment and approval of an insurance trustee. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 1 contract

Samples: HWCC Shreveport Inc

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Security Documents. Subject to the provisions of Section Sections 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Default, in its sole discretion and shall without the consent of the Holders of Notes subject to Section 6.05Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, Securities Intermediary to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Company hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of to the Trustee).

Appears in 1 contract

Samples: Moore Wallace Inc

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsBY THE TRUSTEE UNDER THE NOTE SECURITY DOCUMENTS. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Note Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Note Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Nebco Evans Holding Co)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral ------------------------------------------------------------- Security Documents. ------------------ Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Security Documents, (i) the Trustee may in the case of an ongoing Event of DefaultTrustee, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Holders, direct, on behalf of the Holders of Notes, the Collateral Agent to, may take all actions it deems necessary or appropriate in order to (ax) enforce any of the terms of the Collateral Documents Security Documents, and (by) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers hereunder. The Issuer; and (ii) the Trustee shall have power to may institute and maintain such suits and proceedings proceedings, as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of this Indenture or the Collateral Documents or this IndentureSecurity Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder thereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee). Article 4 of this Indenture applies to all duties and obligations of the Trustee with respect to the Security Documents and the Collateral.

Appears in 1 contract

Samples: Indenture (Bradlees Stores Inc)

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Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsAgreements. Subject to the provisions of Section 7.01 and 7.02 hereof the applicable Collateral Agreements, the Subordination Agreement and the provisions of New Intercreditor Agreements, (a) the Trustee and the Collateral Documents, the Trustee may in the case of an ongoing Event of DefaultAgent may, in its their sole discretion and without the consent of the Holders of Notes subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems they deem necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents Agreements and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder. The , and (b) the Trustee and the Collateral Agent shall have power to institute and to maintain such suits and proceedings as it they may deem expedient to prevent any impairment of the Note Collateral by any acts act that may be unlawful or in violation of the Collateral Documents Agreements or this Indenture, and such suits and proceedings as the Trustee and the Collateral Agent may deem expedient to preserve or protect its their interests and the interests of the Holders of Notes in the Note Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder thereunder or be prejudicial to the interests of the Holders of Notes Holders, the Trustee or of the TrusteeCollateral Agent).

Appears in 1 contract

Samples: Article Twelve (Discovery Zone Inc)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsPledge and Guarantee Agreement. Subject to the provisions of Section Sections 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Notes, direct, on behalf of the Holders of Notes, the Second Priority Collateral Agent toAgent, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Pledge and Guarantee Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Company and Guarantee hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Pledge and Guarantee Agreement or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of to the Trustee).

Appears in 1 contract

Samples: Pledge and Guarantee Agreement (Consolidated Communications Texas Holdings, Inc.)

Authorization of Actions to Be Taken. by the Trustee and the Collateral Trustee Under the Collateral DocumentsSecurity Agreements. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultshall, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, Trustee to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Security Agreements and (b) collect collect, receive and receive distribute any and all amounts payable in respect of the Obligations of the Issuers hereunderCompany hereunder or under the Security Agreements. The Trustee and the Collateral Trustee shall have power to institute and maintain such suits and proceedings as it either may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Security Agreements or this Indenture, and such suits and proceedings as the Trustee or the Collateral Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee or the Collateral Trustee).

Appears in 1 contract

Samples: Collateral Trust Agreement (Finova Group Inc)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Security Documents. Subject to the provisions of Section Sections 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Default, in its sole discretion and shall without the consent of the Holders of Notes subject to Section 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, Securities Intermediary to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Company hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of to the Trustee).

Appears in 1 contract

Samples: Indenture (Donnelley R H Inc)

Authorization of Actions to Be Taken. by the Trustee --------------------------------------------------- Under the Collateral Security Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Security ---------------------------- Documents, (i) the Trustee may in the case of an ongoing Event of DefaultTrustee, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Holders, direct, on behalf of the Holders of Notes, the Collateral Agent to, may take all actions it deems necessary or appropriate in order to (ax) enforce any of the terms of the Collateral Documents Security Documents, and (by) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers hereunder. The Issuer; and (ii) the Trustee shall have power to may institute and maintain such suits and proceedings proceedings, as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of this Indenture or the Collateral Documents or this IndentureSecurity Documents, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including the power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder thereunder or be prejudicial to the interests of the Holders of Notes or of the Trustee). Article 4 of this Indenture applies to all duties and obligations of the Trustee with respect to the Security Documents and the Collateral.

Appears in 1 contract

Samples: Indenture (New Horizons of Yonkers Inc)

Authorization of Actions to Be Taken. by the Indenture Trustee Under the Collateral Security Documents. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral DocumentsMandatory Sale Process, the Indenture Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05, directNotes, on behalf of the Holders of Notes, direct the Collateral Agent to, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Security Documents and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder. The Indenture Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Security Documents or this Indenture, and such suits and proceedings as the Indenture Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes or of the Indenture Trustee).

Appears in 1 contract

Samples: Indenture (Transtel S A)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsPledge Agreement. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Securities, direct, on behalf of the Holders of NotesSecurities, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Pledge Agreement and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Pledged Collateral by any acts that may be unlawful or in violation of the Collateral Documents Pledge Agreement or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Notes Securities in the Note Pledged Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder or be prejudicial to the interests of the Holders of Notes Securities or of the Trustee).

Appears in 1 contract

Samples: Pledge Agreement (Excel Legacy Corp)

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsAgreements. Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documentshereof, the Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, the Collateral Agent to, take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Agreements and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Publishing hereunder. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral Documents Agreements or this Indenture, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders of Senior Notes in the Note Collateral (including power to institute and maintain suits or proceedings to restrain the enforcement of or compliance with any legislative or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid if the enforcement of, or compliance with, such enactment, rule or order would impair the security interest hereunder Liens under the Collateral Agreements or be prejudicial to the interests of the Holders of Senior Notes or of the Trustee).

Appears in 1 contract

Samples: Indenture (Golden Books Family Entertainment Inc)

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