Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Collateral (other than cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior Lien), may do any of the things enumerated in Sections 11.2 and 11.3 if the Holders of a majority in aggregate principal amount of the Securities outstanding, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 11.5 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i) or (ii).
Powers Exercisable Notwithstanding Event of Default. In case a Default or an Event of Default shall have occurred and shall be continuing, the Administrative Agent, while in possession of the Collateral (including the cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Administrative Agent hereunder or under the Security Documents), may do any of the things enumerated in this Section 10.20 at the request of the Company and/or the applicable Mortgaged Vessel Guarantor, if the Majority Facility Lenders, by appropriate action of such Lenders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Default or Event of Default has occurred and is continuing.
Powers Exercisable Notwithstanding Event of Default. In case a Default or an Event of Default shall have occurred and shall be continuing, unremedied and unwaived, the Credit Parties, while in possession of the Collateral (other than Cash Collateral, Possessory Collateral and other Property held by, or required to be deposited with the Trustee hereunder or pledged under the Security Documents), may do any of the things enumerated in Sections 9.02 through 9.04 hereof if the Holders of a majority in aggregate principal amount of the outstanding Notes, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Default or Event of Default has occurred and is continuing, unremedied and unwaived. This Section 9.05 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 7.01(i) or (j) hereof.
Powers Exercisable Notwithstanding Event of Default. In case a Default or Event of Default shall have occurred and shall be continuing, the Company may do any of the things enumerated in Sections 13.02, 13.03 and 13.04, if the Trustee in its discretion, or the Holders of 66 2/3% in aggregate principal amount of the Notes outstanding, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing; provided that, without the consent of the Trustee, no consent pursuant to this Section shall deprive the Trustee of its rights under paragraph FIRST of Section 6.10. This Section 13.05 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(h) with respect to the Notes.
Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company or any Guarantor, as applicable, while in possession of Collateral (other than Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Prior Lien), may do any of the things not expressly provided for in this Indenture if the holders of a majority in aggregate principal amount of the Notes outstanding, by appropriate action of such holders, shall consent to such action. This Section 12.03 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.01(i) or (ii).
Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and shall be continuing, the Company or the relevant Guarantor, while in possession of the Collateral (other than cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Lien permitted by the Security Documents to be prior to the Security Interests), may do any of the things enumerated in Sections 12.2 and 12.3 if the Holders of a majority in aggregate principal amount of the Securities outstanding, by appropriate action of such Holders, shall consent to such action, in which event any certificate filed under any of such Sections shall omit the statement to the effect that no Event of Default has occurred and is continuing. This Section 12.5 shall not apply, however, during the continuance of an Event of Default of the type specified in Section 6.1(a)(i) or (ii).
Powers Exercisable Notwithstanding Event of Default. If an Event of Default has occurred and is continuing and the Grantor remains in possession of all or substantially all of the Secured Property, the Grantor may exercise the powers conferred upon it in this Article (even though it would otherwise be prohibited from doing so while an Event of Default is continuing as provided therein), if the Grantee in its discretion (based upon such opinions and certifications as the Grantee deems necessary), shall specifically consent to such action, in which event none of the instruments required to be furnished to the Grantee under this Article as a condition to the exercise of such powers need state that no Event of Default has occurred and is continuing as provided therein. Notwithstanding the foregoing, Grantee’s consent shall not be required to effectuate a release of all nuclear fuel loaded in the reactor cores of the Units pursuant to the foregoing provisions of this paragraph prior to the earliest date on which (a) Grantee, its agent, DOE, or a trustee or Receiver lawfully appointed shall take possession of all or substantially all of the Secured Property, or (b) the Secured Property shall be sold upon a foreclosure of the lien hereof.
Powers Exercisable Notwithstanding Event of Default. While in possession of all or substantially all of the Trust Estate (other than any cash and securities constituting part of the Trust Estate and deposited with the Trustee), the Company may exercise the powers conferred upon it in this Article even though it would otherwise be prohibited from doing so while an Event of Default exists as provided therein, if the Trustee in its discretion (based upon such opinions and certifications as the Trustee deems necessary), or the Holders of not less than a majority in aggregate principal amount of the Obligations then Outstanding, by Act of such Holders, shall specifically consent to such action, in which event none of the instruments required to be furnished to the Trustee under this Article as a condition to the exercise of such powers need state that no Event of Default exists as provided therein.
Powers Exercisable Notwithstanding Event of Default. Subject to the Intercreditor Agreement, in case an Event of Default shall have occurred and shall be continuing, the Company, while in possession of the Collateral (other than cash, cash equivalents, securities and other personal 115
Powers Exercisable Notwithstanding Event of Default. In case an Event of Default shall have occurred and be continuing, the Trustee shall not be required to grant any release or take any other action under any of the sections of this Article except with the consent of the Majority Holders.
