Common use of Authorization of Actions to Be Taken by the Trustee Clause in Contracts

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreement, the Trustee may, in its sole discretion and without the consent of the Holders, direct, on behalf of the Holders, the Collateral Agent to take all actions it deems necessary or appropriate in order to: (1) enforce any of the terms of the Security Documents; and (2) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the 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 in the 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 or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Pledge Agreement. Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreementhereof, the Trustee may, in its sole discretion and without the consent of the HoldersHolders of Notes, direct, on behalf of the HoldersHolders of Notes, the Collateral Agent to to, take all actions it deems necessary or appropriate in order to: to (1a) enforce any of the terms of the Security Documents; and Pledge Agreement and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the . The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Pledged Collateral by any acts that may be unlawful or in violation of the Security 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 in the 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 or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 Sections 9.1 and 7.02 and the Intercreditor Agreement9.2 hereof, the Trustee may, in its sole discretion and without the consent of the Holders, may direct, on behalf and at the written direction of the HoldersHolders of Notes in accordance with Section 8.6, the Collateral Agent to to, take all actions it deems necessary or appropriate in order to: (1a) enforce any of the terms of the Security Documents; and (2b) collect and receive any and all amounts payable in respect of the Obligations of Funding Corp. hereunder. The Trustee, at the Company hereunder. (b) Subject to the terms written direction of the Intercreditor AgreementHolders of Notes, 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 Indenture Collateral by any acts that may be unlawful or in violation of this Indenture or the Security Documents or this Indentureother Financing Documents, and such suits and proceedings as the Trustee Holders of Notes may deem expedient to preserve or protect its interests and the interests of the Trustee and/or the Holders of Notes in the Indenture 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).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreementterms of the Security Documents and the Priority Agreement (including any consent of the Holders required thereunder), the Trustee may, in its sole discretion and without the consent of the Holdersdiscretion, direct, on behalf of the HoldersHolders of Notes, the Collateral Security Agent to take all actions it deems necessary or appropriate in order to: (1i) enforce any of the terms of the Security DocumentsDocuments or the Priority Agreement; and (2ii) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuer or any Guarantor hereunder. (b) Subject to , as the terms of the Intercreditor Agreement, the case may be. 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 Collateral by any acts that may be unlawful or in violation of the Security Documents Documents, the Priority 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 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).

Authorization of Actions to Be Taken by the Trustee. Under the Security Collateral Documents. (a) . Subject to the provisions of Section 7.01 Sections 7.1 and 7.02 7.2 hereof and the Intercreditor Agreement, the Trustee may, in its sole discretion and without the consent of the HoldersHolders of Senior Notes, direct, on behalf of the HoldersHolders of Senior Notes, the Collateral Agent to take all actions it deems necessary or appropriate in order to: to (1a) enforce any of the terms of the Security Documents; and Collateral Documents and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) . Subject to the terms of the Intercreditor Agreement, the Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Security 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 Senior Notes in the 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 Senior Notes or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) ------------------------------------------------------------- Pledge Agreement. ---------------- Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Pledge Agreement, (a) the Trustee may, in its sole discretion and without the consent of the Holders, direct, on behalf of the Holders, the Collateral Agent to take all actions it deems necessary or appropriate in order to: to (1i) enforce any of the terms of the Security Documents; and Pledge Agreement and (2ii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. hereunder and (b) Subject to the terms of the Intercreditor Agreement, the Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Pledged Collateral by any acts act that may be unlawful or in violation of the Security 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 in the Pledged 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 or of the Trustee.).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) . ------------------------------------------- Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreementhereof, the Trustee may, in its sole discretion and without the consent of the HoldersHolders of Notes, direct, on behalf of the HoldersHolders of Notes, the Collateral Agent to take all actions it deems necessary or appropriate in order to: to (1a) enforce any of the terms of the Security Documents; and Documents and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the Obligations. The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Pledged Collateral by any acts that may be unlawful or in violation of the 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 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 or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Escrow Agreement. Subject to the provisions of Section 7.01 6.01 and 7.02 and the Intercreditor AgreementSection 6.03, the Trustee may, in its sole discretion and without the consent of the Holders, directHolders of Securities, on behalf of the HoldersHolders of Securities, the Collateral Agent to take all actions it deems necessary or appropriate in order to: to (1a) enforce any of the terms of the Security Documents; and Escrow Agreement and (2b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the . The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts that may be unlawful or in violation of the Security 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 in the 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 Securities or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) UNDER THE PLEDGE AGREEMENT. Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreementhereof, the Trustee may, in its sole discretion and without the consent of the HoldersHolders of Senior Notes, direct, on behalf of the HoldersHolders of Senior Notes, the Collateral Agent to to, take all actions it deems necessary or appropriate in order to: to (1a) enforce any of the terms of the Security Documents; and Pledge Agreement and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the . The Trustee shall have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Pledged Collateral by any acts that may be unlawful or in violation of the Security 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 Senior Notes in the 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 Senior Notes or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 and Section 7.02 and the Intercreditor Agreementterms of the Transaction Security Documents (including any consent of the Holders required thereunder), the Trustee may, in its sole discretion and without the consent of the Holdersdiscretion, direct, on behalf of the Holders, the Collateral Security Agent to take all actions it deems necessary or appropriate in order to: (1) enforce any of the terms of the Transaction Security DocumentsDocuments or the Intercreditor Agreement; and (2) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuer or any Guarantor hereunder. (b) . Subject to the terms of provisions hereof and the Intercreditor AgreementTransaction Security Documents, the Trustee shall and/or the Security Agent will have power to institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral Charged Property by any acts that may be unlawful or in violation of the Transaction Security Documents Documents, the Intercreditor 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 in the Collateral Charged Property (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 or of the TrusteeTrustee and/or the Security Agent).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) UNDER THE SECURITY AGREEMENT. Subject to the provisions of Section 7.01 5.01 and 7.02 and the Intercreditor Agreement5.02 hereof, the Trustee may, in its sole discretion and without the consent of the Holders, directtake, on behalf of the Holders, the Collateral Agent to take all actions it deems necessary or appropriate in order to: (1a) enforce any of the terms of the Pledge, Assignment and Security DocumentsAgreement; and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the Obligations. 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 Collateral by any acts that may be unlawful or in violation of the Pledge, Assignment and Security Documents 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 in the 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 or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreement, the The Trustee may, in its sole discretion and without the consent of the Holders, direct, on behalf of the Holders, the Collateral Agent to take all actions it deems necessary or appropriate in order to: to (1i) enforce any of the terms of this Indenture with respect to the Security Documents; and Collateral and (2ii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the The Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Collateral by any acts act that may be unlawful or in violation of this Indenture with respect to the Security Documents or this IndentureCollateral, and such suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the 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 or of the Trustee).. SIGNATURES

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Documents and the Collateral Sharing Agreement. Subject to the provisions of Section 7.01 and 7.02 hereof and the Intercreditor Collateral Sharing Agreement, the Trustee may, in its sole discretion and without the consent of the Holders, take, on behalf of the Holders, or direct, on behalf of the Holders, the Collateral Agent to take take, all actions it deems necessary or appropriate in order to: (1a) enforce any of the terms of the Security DocumentsDocuments and the Collateral Sharing Agreement; and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers and the Guarantors hereunder. (b) . Subject to the terms Section 3 of the Intercreditor Collateral Sharing 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 Collateral by any acts that may be unlawful or in violation of the 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 in the 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 or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 7.1 and 7.02 Section 7.2 of this Indenture and the terms of the Security Documents and the Intercreditor AgreementAgreement (including any consent of the Holders required thereunder), the Trustee may, in its sole discretion and without the consent of the Holdersdiscretion, direct, on behalf of the HoldersHolders of Securities, the Collateral Agent Trustee to take all actions it deems necessary or appropriate in order to: (1a) enforce any of the terms of the Security DocumentsDocuments and the Intercreditor Agreement; and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company or any Subsidiary Guarantor hereunder. (b) . Subject to the terms of the Intercreditor AgreementSection 7.1 and Section 7.2, 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 Collateral by any acts that may be unlawful or in violation of the Security Documents Documents, the Intercreditor 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 Securities in the 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 the Securities or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreement, the Collateral Documents The Trustee may, in its sole discretion and without the consent of the Holders, directHolders of Debentures, on behalf of the HoldersHolders of Debentures, the Collateral Agent to take all actions it deems necessary or appropriate in order to: to (1a) enforce any of the terms of the Security Documents; and Collateral Documents and (2b) collect and receive any and all amounts payable in respect of the Obligations of the Company Issuers and Holdings hereunder. (b) Subject to the terms of the Intercreditor Agreement, the . 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 Collateral by any acts that may be unlawful or in violation of the Security 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 Debentures in the 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 Debentures or of the Trustee).

Authorization of Actions to Be Taken by the Trustee. Under the Security Documents. (a) Subject to the provisions of Section 7.01 and 7.02 and the Intercreditor Agreement, the Trustee may, in its sole discretion and without the consent of the Holders, direct, on behalf of the Holders, the Collateral Agent to take all actions it deems necessary or appropriate in order to: (1) enforce any of the terms of the Security Documents; and (2) collect Documents and receive any and all amounts payable in respect of the Obligations of the Company hereunder. (b) Subject to the terms of the Intercreditor Agreement, the Trustee shall have power to institute and to maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Senior Notes Collateral by any acts that which may be unlawful or in violation of the Security Documents and the Intercreditor Agreement, or this Indenture, and such 112 suits and proceedings as the Trustee may deem expedient to preserve or protect its interests and the interests of the Holders in the Senior Notes 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 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 interest of the Holders or of the Trustee).. Notwithstanding anything herein or in any of the Security Documents to the contrary, subject to Article VI hereof, the Trustee assumes no responsibility for the validity, perfection, priority or enforceability of the security interest in any of the Senior Notes Collateral and shall have no obligation to take any action to procure or maintain such validity, perfection, priority or enforceability. * * * * 113