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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. (a) Subject to the provisions of Section 7.01 and Section 7.02 hereof and the provisions of the Collateral Security Documents, the Trustee may in Trustee, upon the case of an ongoing Event of Default, in its sole discretion and without the consent written direction of the Holders holding a majority of the aggregate outstanding principal amount of the Notes subject to Section 6.05, shall direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, Trustee to take all actions it deems necessary or appropriate in order to to: (a1) foreclose upon or otherwise enforce any or all of the Liens on the Collateral; (2) enforce any of the terms of the Security Documents to which the Collateral Documents and Trustee is a party; or (b3) collect and receive payment of any and all amounts payable in respect of Obligations. (b) At the Obligations of Company’s sole cost and expense and subject to the Issuers hereunder. The Trustee shall have power and the Collateral Trustee having been indemnified by the Holders and/or the Company, the Trustee is authorized and empowered (but is not obligated) to direct the Collateral Trustee to institute and maintain 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 reasonably expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (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 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 under the Collateral DocumentsSecurity 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 6.05Notes, direct, on behalf of the Holders of Notes, 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 Documents Security 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 the power to to, or direct the Collateral Agent 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 Security Agreement or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent may deem expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note 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 or be prejudicial to the interests of the Holders of Notes the Notes, the Trustee or of the TrusteeCollateral Agent).

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, : (a) the Trustee may in and the case of an ongoing Event of DefaultCollateral Agent 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 and (bii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers hereunder. The and the Guarantors hereunder and under the Collateral Documents; 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 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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. (a) Subject to the provisions of Section Sections 7.01 and 7.02 hereof and the provisions of the Collateral Security Documents, the Trustee may in Trustee, upon the case of an ongoing Event of Default, in its sole discretion and without the consent written direction of the Holders holding a majority of the aggregate outstanding principal amount of the Notes subject to Section 6.05, shall direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, Trustee to take all actions it deems necessary or appropriate in order to to: (a1) foreclose upon or otherwise enforce any or all of the Liens on the Collateral; (2) enforce any of the terms of the Security Documents to which the Collateral Documents and Trustee is a party; or (b3) collect and receive payment of any and all amounts payable in respect of Obligations. (b) At the Obligations of Company’s sole cost and expense and subject to the Issuers hereunder. The Trustee shall have power and the Collateral Trustee having been indemnified by the Holders and/or the Company, the Trustee is authorized and empowered (but is not obligated) to direct the Collateral Trustee to institute and maintain 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 reasonably expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (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 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 Collateral Documents. (a) Subject to the provisions of Section 7.01 and Section 7.02 hereof and the provisions of the Collateral Security Documents, the Trustee may in Trustee, upon the case of an ongoing Event of Default, in its sole discretion and without the consent written direction of the Holders holders holding a majority of the aggregate outstanding principal amount of the Notes subject to Section 6.05, shall direct, on behalf of the Holders of Notesholders, the Collateral Agent to, Trustee to take all actions it deems necessary or appropriate in order to to: (ai) foreclose upon or otherwise enforce any or all of the Liens on the Collateral; (ii) enforce any of the terms of the Security Documents to which the Collateral Documents and Trustee is a party; or (biii) collect and receive payment of any and all amounts payable in respect of Obligations. (b) At the Obligations of Issuer’s sole cost and expense and subject to the Issuers hereunder. The Trustee shall have power and the Collateral Trustee having been indemnified by the holders and/or the Issuer, the Trustee is authorized and empowered (but is not obligated) to direct the Collateral Trustee to institute and maintain 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 reasonably expedient to preserve or protect its interests and the interests of the Holders holders of Notes in the Note Collateral (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 or be prejudicial to the interests of the Holders of Notes holders or of the Trustee).

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).

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).

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 Documentshereof, 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 6.05Notes, direct, on behalf of the Holders of Notes, the Collateral Agent to, take all actions it deems necessary required under this Indenture or appropriate the Collateral Documents 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 and the Guarantors hereunder. 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).

Authorization of Actions to Be Taken. by the Trustee Under under the Collateral DocumentsProceeds Pledge and Escrow Agreement. Subject to the provisions of Section 7.01 6.01 and 7.02 hereof and the provisions of the Collateral Documents6.03 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 6.05Notes, directtake, 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 Proceeds Pledge and Escrow 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 Proceeds Pledge and 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 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 Collateral DocumentsEscrow 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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. Subject to the provisions of Section 7.01 7.1 and 7.02 hereof and the provisions of the Collateral Documents7.2 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 6.05Senior Notes, direct, on behalf of the Holders of Senior Notes, 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 Documents 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 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 or be prejudicial to the interests of the Holders of Senior Notes or of the Trustee).

Authorization of Actions to Be Taken. by (a) The Collateral Agent and the Trustee Under are authorized and empowered to enter into the Collateral Documents. Subject Security Documents and 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, receive on behalf of the Holders of the Notes, any funds collected or distributed under the Security Documents to which the Collateral Agent or Trustee is a party and to make further distributions of such funds to the Holders of Notes according to the provisions of this Indenture. Additionally, the Trustee is authorized and empowered to enter into the Escrow Agreement and to receive on behalf of the Holders of the Notes, any funds collected or distributed under the Escrow Agreement and to make further distributions of such funds to the Holders of Notes according to the provisions of this Indenture (b) Subject to the Collateral Trust Agreement and Article 7, unless inconsistent with applicable law, 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 is authorized and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Trustee shall have power empowered to institute and maintain such suits and proceedings as it may deem expedient are necessary to protect or enforce the Liens on the Collateral or the other rights under the Security Documents to which the Collateral Agent is a party or to prevent any impairment of the Note Collateral by any acts that may be unlawful or in violation of the Collateral such Security Documents or this Indenture, and such suits and proceedings as the Trustee may deem expedient are necessary to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (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 Liens or other rights under such Security Documents or hereunder or be prejudicial to the interests of Holders or the Holders of Notes or of the Trustee)Collateral Agent.

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.

Authorization of Actions to Be Taken. by the Trustee Administrative Agent Under the Collateral Security Documents. Subject to the provisions of Section 7.01 and 7.02 Article 7 hereof and the provisions of the Collateral DocumentsIntercreditor Agreement, the Trustee may in Administrative Agent may, if requested by the case of an ongoing Event of Default, in its sole discretion and without the consent of the Holders of Notes subject to Section 6.05Required Lenders, direct, on behalf of the Holders of NotesLenders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to to: (a) enforce any of the terms of the Collateral Documents and Security Documents; and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Borrower hereunder. The Trustee shall Subject to the provisions of the Intercreditor Agreement, the Administrative Agent 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 Security Documents or this IndentureAgreement, and such suits and proceedings as the Trustee Administrative Agent may deem expedient to preserve or protect its interests and the interests of the Holders of Notes Lenders 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 Lenders or of the TrusteeAdministrative Agent).

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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. (a) Subject to the provisions of Section 7.01 7.01, Section 7.02 and 7.02 Section 13.08 hereof and the provisions of the Collateral Security Documents, the Trustee may in Trustee, upon the case of an ongoing Event of Default, in its sole discretion and without the consent written direction of the Holders holding a majority of the aggregate outstanding principal amount of the Notes subject to Section 6.05, shall direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to to: (a1) foreclose upon or otherwise enforce any or all of the Liens on the Collateral; (2) enforce any of the terms of the Security Documents to which the Collateral Documents and Agent is a party; or (b3) collect and receive payment of any and all amounts payable in respect of Obligations. (b) At the Obligations of Company’s sole cost and expense and subject to the Issuers hereunder. The Trustee shall have power and the Collateral Agent having been indemnified by the Holders and/or the Company, the Trustee is authorized and empowered (but is not obligated, subject to Section 13.08) to direct the Collateral Agent to institute and maintain 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 reasonably expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (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 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 Collateral Documents. (a) Subject to the provisions of Section 7.01 601 and 7.02 Section 604 hereof and the provisions of the Collateral Security Documents, the Trustee may in Trustee, upon the case of an ongoing Event of Default, in its sole discretion and without the consent written direction of the Holders holding a majority of the aggregate outstanding principal amount of the Notes subject to Section 6.05, shall direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, to take all actions it deems necessary or appropriate in order to to: (a1) foreclose upon or otherwise enforce any or all of the Liens on the Collateral; (2) enforce any of the terms of the Security Documents to which the Collateral Documents and Agent is a party; or (b3) collect and receive payment of any and all amounts payable in respect of Obligations. (b) At the Obligations of Company’s sole cost and expense and subject to the Issuers hereunder. The Trustee shall have power and the Collateral Agent having been indemnified by the Holders and/or the Company, the Trustee is authorized and empowered (but is not obligated) to direct the Collateral Agent to institute and maintain 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 reasonably expedient to preserve or protect its interests and the interests of the Holders of Notes in the Note Collateral (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 or be prejudicial to the interests of the Holders of Notes or of the Trustee).

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).

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 Documents7.13 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 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).

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 the Intercreditor Agreements and the provisions of the Collateral other Security Documents, (a) 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 6.05Noteholders, directtake, on behalf of the Holders of Notes, or direct the Collateral Agent toto take, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Security Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers hereunder. The Company hereunder and (b) the Trustee or the Collateral Agent, as applicable, shall have 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 act 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 Noteholders in the Note Collateral (including including, without limitation, 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 Noteholders, the Trustee or of the TrusteeCollateral Agent).

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).

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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsBY THE TRUSTEE UNDER THE SECURITY AND PLEDGE 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 6.05Debentures, direct, on behalf of the Holders of NotesDebentures, 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 Documents Security and 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 Collateral by any acts that may be unlawful or in violation of the Collateral Documents Security and 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 Debentures 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 the Security and Pledge Agreement or be prejudicial to the interests of the Holders of Notes Debentures or of the Trustee).

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 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 Trustee to, take all actions it deems necessary or appropriate in order to to: (a1) enforce any of the terms of the Collateral Documents Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder. 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 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). Notwithstanding the foregoing, it is understood that the Trustee shall have no obligation to take any action whatsoever under this Section 10.05. Section 10.06.

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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Security Documents. Subject to the provisions of Section 7.01 and Section 7.02 hereof and the provisions 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 6.05Holders, direct, on behalf of the Holders of NotesHolders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to to: (a) enforce any of the terms of the Collateral Documents and Security Documents; and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers Company hereunder. The Subject to the provisions 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 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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Note Security Documents. . (a) Subject to the provisions of Section 7.01 7.02 and 7.02 hereof and the provisions of the Collateral Documents7.03 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 6.05Notes, direct, on behalf take and shall take (at the direction of the Holders of Notes, the Collateral Agent to, take Holders) all actions it deems necessary or appropriate in order to to: (a1) enforce any of the terms of the Collateral Documents and Note Security Documents; and (b2) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Issuer or any Guarantor hereunder or under the Note Security Documents. (b) Subject to the foregoing, 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 Pledged 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 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 Collateral DocumentsAgreement. 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, 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 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 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).

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, : (a) 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, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers hereunder. The Company and the Guarantors hereunder and under the Collateral Documents; and (b) 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 Note Collateral by any acts act 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 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). (c) In connection with any Indebtedness of the Company or its Subsidiaries incurred in compliance with this Indenture, the Trustee shall have the authority to enter into customary intercreditor agreements with respect to the Notes and the Guarantees.

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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. 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, : (a) 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, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (ai) comply with, enforce and perform, from time to time, any of the terms of the Intercreditor Agreement and the other Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Company and the Subsidiary Guarantors hereunder and under the Collateral Documents; and (b) 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 Note Collateral by any acts act 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 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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. 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, : (a) 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, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Company and the Subsidiary Guarantors hereunder and under the Collateral Documents; and (b) 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 Note Collateral by any acts act 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 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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. Documents Subject to the provisions of Section 7.01 and 7.02 hereof and the provisions of the Collateral Documents, : (a) 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, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (ai) comply with, enforce and perform, from time to time, any of the terms of the Intercreditor Agreement and the other Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Company and the Subsidiary Guarantors hereunder and under the Collateral Documents; and (b) 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 Note Collateral by any acts act 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 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).

Authorization of Actions to Be Taken. by the Trustee and the Collateral Agent Under the Collateral DocumentsSecurity 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 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, to take all actions it deems necessary or appropriate in order to (a) enforce any of the terms of the Collateral Documents Security Agreement 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 Agreement. The Trustee and the Collateral Agent 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 Security Agreement or this Indenture, and such suits and proceedings as the Trustee or the Collateral Agent 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 TrusteeTrustee or the Collateral Agent).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral Documents. 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, : (a) 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, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Issuer and the Subsidiary Guarantors hereunder and under the Collateral Documents; and (b) 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 Note Collateral by any acts act 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 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).

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).

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).

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, : (a) 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, direct, on behalf of the Holders of Notes, the Collateral Agent toHolders, take all actions it deems necessary or appropriate in order to (ai) enforce any of the terms of the Collateral Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers hereunder. The Company and the Subsidiary Guarantors hereunder and under the Collateral Documents; and (b) 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 Note Collateral by any acts act 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 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).

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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsEscrow Agreement. Subject to the provisions of Section 7.01 6.01 and 7.02 hereof and the provisions of the Collateral DocumentsSection 6.03, 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 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 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 126 -118- 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 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).

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).

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 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 6.05Noteholders, direct, on behalf of the Holders of NotesNoteholders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to to: (a) enforce any of the terms of the Collateral Documents and Security Documents; and (b) collect and receive any and all amounts payable in respect of the Noteholder Obligations of the Issuers Company hereunder. The Subject to 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 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 Noteholders 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 Noteholders or of the Trustee).

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.

Authorization of Actions to Be Taken. by 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 Documents, the The Trustee may in the case of an ongoing Event of Defaultmay, in its sole discretion and without the consent Consent of the Holders of Notes Holders, but subject to Section 6.05, direct, on behalf of the Holders of Notes, the Collateral Agent toArticle Six hereof, take all actions it deems necessary or appropriate in order to (a) enforce any of or effect the terms of the Collateral Documents Pledge Agreement, and (b) collect and receive any and all amounts payable in respect of the Obligations obligations of the Issuers Company hereunder, in each case in accordance with and to the extent provided in the Pledge Agreement. The Subject to the provisions of the Pledge 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 its interest in the Note Collateral assets comprising the Security Pool by any acts that which 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 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).

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).

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).

Authorization of Actions to Be Taken. by the Trustee Trustees ---------------------------------------------------- Under the Collateral Security Documents. ---------------------------- (a) Subject to the provisions of Section 7.01 the applicable Security Documents and 7.02 hereof and the provisions of the Collateral DocumentsArticle Six hereof, (a) 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 (ai) enforce any of the terms of the Collateral Security Documents and (bii) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunder. The Guarantors and/or the Issuer hereunder and (b) 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 Note Collateral by any acts act 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 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, 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). (b) Subject to the provisions of the applicable Security Documents regarding the appointment of a successor Collateral Trustee, the Trustee is hereby authorized to become the Collateral Trustee under the Mortgages, the Security Agreement and Collateral Trust Agreement.

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).

Authorization of Actions to Be Taken. by the Trustee Under the Collateral DocumentsSecurity Agreement. Subject to the provisions of Section 7.01 5.01 and 7.02 hereof and the provisions of the Collateral Documents5.02 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 6.05Holders, directtake, on behalf of the Holders of NotesHolders, the Collateral Agent to, take all actions it deems necessary or appropriate in order to to: (a) enforce any of the terms of the Collateral Documents Pledge, Assignment and Security Agreement; and (b) collect and receive any and all amounts payable in respect of the Obligations of the Issuers hereunderObligations. 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 Pledge, Assignment and Security 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 the Trustee).