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EFTA01365259Dataset 10

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…the Holders of the Notes. the Collateral Manager and each Rating Agency. The Trustee may be removed at any time (i) by the Requisite Noteholders if an Event of Default has occurred and is continuing or (ii) as more fully set forth in the Indenture, by the Co-Issuers in the event of certain bankruptcy or insolvency events with respect to the Trustee or if the Trustee shall become incapable of acting. No resignation or removal of the Trustee shall…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365259.pdf

EFTA01376090Dataset 10

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…the Holders of the Notes. the Collateral Manager and each Rating Agency. The Trustee may be removed at any time (i) by the Requisite Noteholders if an Event of Default has occurred and is continuing or (ii) as more fully set forth in the Indenture, by the Co-Issuers in the event of certain bankruptcy or insolvency events with respect to the Trustee or if the Trustee shall become incapable of acting. No resignation or removal of the Trustee shall…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376090.pdf

EFTA01365673Dataset 10

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…accrued) and unpaid on the Senior Notes for principal and interest (including Deferred Interest), and all amounts payable prior to payment of principal on such Senior Notes pursuant to the Priority of Payments and the Requisite Noteholders and the Collateral Manager agree with such determination; or (ii) a Majority of each Class of Senior Notes Outstanding directs the sale and liquidation of the Collateral. The Trustee shall give written notice of the retention of the Collateral to the Issuer with…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365673.pdf

EFTA01376421Dataset 10

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…the Trustee shall, prior to the receipt of directions, if any, from the Requisite Noteholders, exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. (c) No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376421.pdf

EFTA01365230Dataset 10

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…occurs under the Indenture, the Requisite Noteholders will be entitled to determine the remedies to be exercised under the Indenture without obtaining the consent of the Holders of any Class of subordinate Notes. Remedies pursued by the Requisite Noteholders could be adverse to the interests of the Holders of more junior Classes of Notes. and the Requisite Noteholders will have no obligation to consider any possible adverse effect on such other interests. Except in limited circumstances, none of the Holders…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365230.pdf

EFTA01376069Dataset 10

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…occurs under the Indenture, the Requisite Noteholders will be entitled to determine the remedies to be exercised under the Indenture without obtaining the consent of the Holders of any Class of subordinate Notes. Remedies pursued by the Requisite Noteholders could be adverse to the interests of the Holders of more junior Classes of Notes. and the Requisite Noteholders will have no obligation to consider any possible adverse effect on such other interests. Except in limited circumstances, none of the Holders…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376069.pdf

EFTA01376417Dataset 10

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…be continuing, and the Notes have been declared due and payable and such declaration and its consequences have not been rescinded and annulled, the Co-Issuers agree that the Trustee may, and shall, upon written direction of the Requisite Noteholders, to the extent permitted by applicable law, exercise one or more of the following rights, privileges and remedies: (i) institute Proceedings for the collection of all amounts then payable on the Notes or otherwise payable under this Indenture, whether by…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376417.pdf

EFTA01376070Dataset 10

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reasonable expenses of such sale or liquidation) would be sufficient to discharge in full the amounts due and unpaid with respect to all the Senior Notes and certain other amounts and the Requisite Noteholders and the Collateral Manager agree with such determination; or (ii) a Majority of each Class of Senior Notes Outstanding directs the sale and liquidation of the Collateral. Subordination of Income Notes. The Holders of the Income Notes will be subordinate in payment to the creditors of…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376070.pdf

EFTA01376415Dataset 10

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Section 5.2 Acceleration of Maturity; Rescission and Annulment. (a) If an Event of Default occurs and is continuing (other than an Event of Default specified in Section 5.1(f) or (g)), the Trustee shall, upon the written direction of the Requisite Noteholders, by notice to the Applicable Issuers (with a copy to the Collateral Manager), declare the principal of all the Notes to be immediately due and payable, and upon any such declaration such principal, together with all…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376415.pdf

EFTA01365231Dataset 10

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reasonable expenses of such sale or liquidation) would be sufficient to discharge in full the amounts due and unpaid with respect to all the Senior Notes and certain other amounts and the Requisite Noteholders and the Collateral Manager agree with such determination; or (ii) a Majority of each Class of Senior Notes Outstanding directs the sale and liquidation of the Collateral. Subordination of Income Notes. The Holders of the Income Notes will be subordinate in payment to the creditors of…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365231.pdf

EFTA01365257Dataset 10

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…the Trustee shall at the written direction of the Requisite Noteholders declare the principal of and any accrued interest on the Notes to be immediately due and payable. If an Event of Default of the type described in clause 6 above occurs, the principal of and accrued interest on the Notes automatically shall become immediately due and payable without any action of the Trustee or any other Person. The Requisite Noteholders may rescind a declaration of acceleration if the Event…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365257.pdf

EFTA01376416Dataset 10

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…the Trustee may in its discretion, and shall upon written direction of the Requisite Noteholders, proceed to protect and enforce its rights and the rights of the Noteholders by such appropriate Proceedings as the Trustee shall deem most effectual (if no such direction is received by the Trustee) or as the Trustee may be directed by the Requisite Noteholders, to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376416.pdf