Common use of Action upon Instructions; Certain Rights and Limitations Clause in Contracts

Action upon Instructions; Certain Rights and Limitations. Subject to (S)(S) 2.13, 4.03, 4.04(a), 4.04(b), 4.08, 5.01, and 5.03, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, Mortgagee shall, subject to this (S) 5.02, take such of the following actions as shall be specified in such instructions: (x) give such notice or direction or exercise such right, remedy, or power hereunder as specified in such instructions; (y) give such notice or direction or exercise such right, remedy, or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, or any other part of the Collateral as specified in such instructions; and (z) approve as satisfactory to Mortgagee all matters required by the Lease to be satisfactory to Owner Trustee (and, without the written instructions of a Majority in Interest of Note Holders, Mortgagee shall not approve any such matter as satisfactory to Mortgagee); provided, that anything in the Operative Agreements to the contrary notwithstanding, but subject to the following paragraph:

Appears in 1 contract

Sources: Note Purchase Agreement (Airtran Holdings Inc)

Action upon Instructions; Certain Rights and Limitations. Subject to (S)(S) the terms of Sections 2.13, 4.03, 4.04(a), 4.04(b) and (b), 4.08, 5.01, 5.01 and 5.035.03 hereof, upon the written instructions at any time and from time to time of a Majority in Interest of Note Holders, Mortgagee the Loan Trustee shall, subject to the terms of this (S) Section 5.02, take such of the following actions as shall may be specified in such instructions: (xi) give such notice or direction or exercise such right, remedy, remedy or power hereunder as shall be specified in such instructions; (yii) give such notice or direction or exercise such right, remedy, remedy or power under the Lease, the Participation Agreement, the Purchase Agreement, the Purchase Agreement Assignment, Assignment or any other part of the Collateral Trust Indenture Estate as shall be specified in such instructions; and (ziii) approve as satisfactory to Mortgagee the Loan Trustee all matters required by the terms of the Lease to be satisfactory to the Owner Trustee (andTrustee, it being understood that without the written instructions of a Majority in Interest of Note Holders, Mortgagee the Loan Trustee shall not approve any such matter as satisfactory to Mortgagee)the Loan Trustee; provided, that anything contained in this Trust Indenture, the Lease or the other Operative Agreements to the contrary notwithstanding, but subject to the following paragraphnext paragraph hereof:

Appears in 1 contract

Sources: Note Purchase Agreement (Continental Airlines Inc /De/)