Common use of Appointment of Co-Trustee Clause in Contracts

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, the laws of the State of Minnesota) denying or restricting the right of banks or trust companies to transact business as trustees in that jurisdiction. It is recognized that, (a) if there is litigation under the Indenture or other instruments or documents relating to the Securities, and in particular, in case of the enforcement hereof or thereof upon a default or an Event of Default, or (b) if the Trustee should deem that, by reason of any present or future law of any jurisdiction, it may not (i) exercise any of the powers, rights or remedies granted herein to the Trustee, or (ii) take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or additional institution as a Co-Trustee. The following provisions of this Section are adapted to these ends. In the event that the Trustee appoints an individual or additional institution as a Co-Trustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, vested in or conveyed to the Trustee shall be exercisable by, vest in and be conveyed to that Co-Trustee, but only to the extent necessary for it to be so vested and conveyed and to enable that Co-Trustee to exercise it. Every covenant, agreement and obligation necessary to the exercise thereof by that Co-Trustee shall run to and be enforceable by it. Any Co-Trustee may resign or be removed and a successor Co-Trustee appointed upon the same terms as provided for the Trustee.

Appointment of Co-Trustee. It is the purpose of this the Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaNew York) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees a trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of litigation under the Indenture or other instruments or documents relating to the Securities, Participation Agreement and in particular, particular in case of the enforcement hereof or thereof upon a default or an Event of Default, or (b) if in the case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted, or (ii) take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an additional individual or additional institution as a Coseparate or co-Trusteetrustee. The following provisions of this Section are adapted to these ends. In the event that the Trustee appoints an additional individual or additional institution as a Coseparate or co-Trusteetrustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this the Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Cosuch separate or co-Trustee, trustee but only to the extent necessary for it to be so vested and conveyed and to enable that Cosuch separate or co-Trustee trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and every covenant and obligation necessary to the exercise thereof by that Cosuch separate or co-Trustee trustee shall run to and be enforceable by iteither of them. Any CoShould any instrument in writing from the Authority be required by the separate or co-trustee so appointed by the Trustee may for more fully and certainly vesting in and confirming to it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Authority. In case any separate or co-trustee or a successor to either shall die, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co-trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor Coto such separate or co-Trustee appointed upon the same terms as provided for the Trusteetrustee.

Appointment of Co-Trustee. (A) It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaState) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees the Trustee in that such jurisdiction. It is recognized that, (a) if there is in case of litigation under the Indenture or other instruments or documents relating to the Securitiesthis Indenture, and in particular, in case of the enforcement hereof or thereof upon a default or an Event of on Default, or (b) if in case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted, or (ii) if the Trustee desires to avoid the appearance of a conflict of interest in enforcing the rights and remedies of the Holders of the Subordinate Bonds, or take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or additional institution as a separate or Co-Trustee; provided that any Co-Trustee must have capital, surplus and undivided profits of at least $50,000,000. The following provisions of this Section 9.11 are adapted adopted to these ends. . (B) In the event that the Trustee appoints an individual or additional institution as a separate or Co-Trustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that such separate or Co-Trustee, Trustee but only to the extent necessary for it to be so vested and conveyed and to enable that such separate or Co-Trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and every covenant and obligation necessary to the exercise thereof by that such separate or Co-Trustee shall run to and be enforceable by iteither of them. Any The responsibilities of the Co-Trustee under this Indenture shall be limited to exercising remedies as provided herein, and providing such assistance to the Trustee as may be necessary to carry out the duties of the Trustee and Co-Trustee hereunder. (C) Should any instrument in writing from the Issuer be required by a separate or Co-Trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to him or it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. In case any separate or Co-Trustee, or a successor to either, shall cease to exist, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and a successor obligations of such separate or Co-Trustee, so far as permitted by law, shall vest in and be exercised by the Trustee appointed upon until the same terms as provided for the appointment of a new Trustee or successor to such separate or Co-Trustee.

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaMontana) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of litigation under this Indenture, the Indenture Loan Agreement, the Bond Delivery Agreement or other instruments or documents relating to the SecuritiesMortgage, and in particular, particular in the case of the enforcement hereof or thereof upon a default or an Event of Defaulton default, or (b) if in the case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted, or (ii) take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an additional individual or additional institution as a Co-Trusteeseparate or co‑trustee. The following provisions of this Section 9.25 are adapted to these ends. In the event that the Trustee appoints shall appoint an additional individual or additional institution as a Co-Trusteeseparate or co‑trustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Co-Trusteesuch separate or co‑trustee, but only to the extent necessary for it to be so vested and conveyed and to enable that Co-Trustee such separate or co‑trustee to exercise it. Every covenantsuch remedies, agreement powers and rights, and every covenant and obligation necessary to the exercise thereof by that Co-Trustee such separate or co‑trustee shall run to and be enforceable by iteither of them. Any Co-Should any instrument in writing from the Issuer be required by the separate or co‑trustee so appointed by the Trustee may for more fully and certainly vesting in and confirming to him or it such estates, property, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. In case any separate or co‑trustee or a successor to either shall die, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co‑trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a successor Co-Trustee appointed upon the same terms as provided for the Trusteeto such separate or co‑trustee or a new separate or co‑trustee.

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall will be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaState) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees Trustee in that such 55 61 jurisdiction. It is recognized that, (a) if there is that in case of litigation under the Indenture or other instruments or documents relating to the Securitiesthis Indenture, and in particular, particular in case of the enforcement hereof or thereof of either upon a default or an Event of Default, or (b) if in case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted, or (ii) take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee may appoint an additional individual or additional institution as a Co-Trustee. The following provisions of this Section are adapted to these ends. In the event that the Trustee appoints an individual separate or additional institution as a Co-Trustee, in which event each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee shall with respect thereto will be exercisable by, by and vest in and be conveyed to that a such separate or Co-Trustee, Trust but only to the extent necessary for it to be so vested and conveyed and to enable that such separate or Co-Trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and every covenant and obligation necessary to the exercise thereof by that such separate or Co-Trustee shall will run to and be enforceable by iteither of them. Any Should any conveyance or instrument in writing from the Issuer be required by the separate or Co-Trustee may resign so appointed by the Trustee for more fully and certainly vesting in and confirming to it such properties, right powers, trusts, duties and obligations, any and all such deeds, conveyances and instruments in writing will, on request, be executed, acknowledged and delivered by the Issuer. If any separate or be removed and Co-Trustee, or a successor to either, dies, becomes incapable of acting, resigns or is removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or Co-Trustee, so far as permitted by law, will vest in and be exercised by the Trustee appointed upon until the same terms as provided for the appointment of a new Trustee or successor to such separate or Co-Trustee.. [End of Article VIII]

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaState) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees Trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of litigation under the this Indenture or other instruments or documents relating to the Securities, Agreement and in particular, particular in case of the enforcement hereof or thereof upon a default or an Event of on Default, or (b) if in case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein or therein granted herein to the TrusteeTrustee or hold title to the Trust Estate, as herein granted, or (ii) take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee may appoint an additional individual or additional institution as a Co-Trustee. The following provisions of this Section are adapted to these ends. In the event that the Trustee appoints an individual separate or additional institution as a Co-Trustee, in which event each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture or the Agreement to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that such separate or Co-Trustee, but only to the extent necessary for it to be so vested and conveyed and to enable that such separate or Co-Trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and every covenant and obligation necessary to the exercise thereof by that such separate or Co-Trustee shall run to and be enforceable by iteither of them. Should any deed, conveyance or instrument in writing from the Issuer be required by the separate or Co-Trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to him or it such properties, rights, powers, trusts, duties and obligations, any and all such deeds, conveyances and instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. In case any separate or Co-Trustee, or a successor to either, shall die, become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or Co-Trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new Trustee or successor to such separate or Co-Trustee. Any Co-Trustee appointed by the Trustee pursuant to this Section may resign or be removed by the Trustee, in which case all powers, rights and remedies vested in a successor Co-Trustee appointed upon shall again vest in the same terms Trustee as provided for the Trusteeif no such appointment of a Co-Trustee had been made.

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, the laws of the State of Minnesota) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees the Trustee in that such jurisdiction. It is recognized that, (a) if there is in case of litigation under the this Indenture or other instruments or documents relating to the Securitiesand, and in particular, in case of the enforcement hereof or thereof upon a default or an Event of Defaulton default, or (b) if in case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted, or (ii) take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or additional institution as a Coseparate or co-Trustee; provided that any co-Trustee must have capital, surplus and undivided profits of at least $50,000,000. The following provisions of this Section are adapted to these ends. In the event that the Trustee appoints an individual or additional institution as a Coseparate or co-Trustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Cosuch separate or co-Trustee, Trustee but only to the extent necessary for it to be so vested and conveyed and to enable that Cosuch separate or co-Trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and every covenant and obligation necessary to the exercise thereof by that Cosuch separate or co-Trustee shall run to and be enforceable by iteither of them. Any CoThe responsibilities of the co-Trustee under this Indenture shall be limited to exercising remedies as provided herein, and providing such assistance to the Trustee as may be necessary to carry out the duties of the Trustee and co-Trustee hereunder. Should any instrument in writing from the Issuer be required by a separate or co-Trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to him or it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. In case any separate or co-Trustee, or a successor to either, shall cease to exist, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co-Trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new Trustee or successor Coto such separate or co-Trustee. No Trustee appointed upon the same terms as provided for the Trusteehereunder shall be personally liable by reason of any act or omission of any other Trustee hereunder.

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaColorado) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of exercise of rights under this Indenture or in case of litigation under the this Indenture or other instruments or documents relating to the Securities, and in particular, particular in case of the enforcement hereof or thereof upon a default or an Event of Default, or (b) if in the case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the Trust Estate as herein granted, or (ii) take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an additional individual or additional institution as a Coseparate or co-Trusteetrustee. The following provisions of this Section are adapted to these those ends. In the event that the Trustee appoints an additional individual or additional institution as a Coseparate or co-Trusteetrustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Cosuch separate or co-Trustee, trustee but only to the extent necessary for it to be so vested and conveyed and to enable that Cosuch separate or co-Trustee trustee to exercise it. Every covenantsuch powers, agreement rights and remedies and every covenant and obligation necessary to the exercise thereof by that Cosuch separate or co-Trustee trustee shall run to and be enforceable by iteither of them; provided, however, that no co-trustee shall be liable by reason of any act or omission of any other such co-trustee. Any CoShould any instrument in writing from the Authority be required by the separate or co-trustee so appointed by the Trustee may for more fully and certainly vesting in and confirming to him or it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Authority. In case any separate or co-trustee or a successor to either shall die, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co-trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new co-trustee or successor Coto such separate or co-Trustee appointed upon the same terms as provided for the Trusteetrustee.

Appointment of Co-Trustee. (a) It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, the laws of the State of Minnesota) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of litigation under the Indenture or other instruments or documents relating to the Securitiesthis Indenture, and in particular, particular in case of the enforcement hereof or thereof upon a default or an Event of Defaulton default, or (b) if in the case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted or (ii) take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or additional institution as a Coseparate or co-Trusteetrustee. The following provisions of this Section 7.12 are adapted adopted to these ends. . (b) In the event that the Trustee appoints an additional individual or additional institution as a Coseparate or co-Trusteetrustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Cosuch separate or co-Trustee, trustee but only to the extent necessary for it to be so vested and conveyed and to enable that Cosuch separate or co-Trustee trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and only to the extent that the Trustee by the laws of any jurisdiction is incapable of exercising such powers, rights and remedies, and every covenant and obligation necessary to the exercise thereof by that Cosuch separate or co-Trustee trustee shall run to and be enforceable by it. Any Co-Trustee may resign or be removed and a successor Co-Trustee appointed upon the same terms as provided for the Trusteeeither of them.

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, particularly the laws law of the State of MinnesotaMontana) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of litigation under this Indenture, the Indenture Loan Agreement, the Bond Delivery Agreement or other instruments or documents relating to the SecuritiesMortgage, and in particular, particular in the case of the enforcement hereof or thereof upon a default or an Event of Defaulton default, or (b) if in the case the Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeTrustee or hold title to the properties, in trust, as herein granted, or (ii) take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an additional individual or additional institution as a Coseparate or co-Trusteetrustee. The following provisions of this Section 9.25 are adapted to these ends. In the event that the Trustee appoints shall appoint an additional individual or additional institution as a Coseparate or co-Trusteetrustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Cosuch separate or co-Trusteetrustee, but only to the extent necessary for it to be so vested and conveyed and to enable that Cosuch separate or co-Trustee trustee to exercise it. Every covenantsuch remedies, agreement powers and rights, and every covenant and obligation necessary to the exercise thereof by that Cosuch separate or co-Trustee trustee shall run to and be enforceable by iteither of them. Any CoShould any instrument in writing from the Issuer be required by the separate or co-trustee so appointed by the Trustee may for more fully and certainly vesting in and confirming to him or it -37- Indenture of Trust such estates, property, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. In case any separate or co-trustee or a successor to either shall die, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co-trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a successor Coto such separate or co-Trustee appointed upon the same terms as provided for the Trusteetrustee or a new separate or co-trustee.

Appointment of Co-Trustee. It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction (including without limitation, the laws of the State of Minnesota) denying or restricting the right of banks banking corporations or trust companies associations to transact business as trustees the Indenture Trustee in that such jurisdiction. It is recognized that, (a) if there is that in case of litigation under the this Indenture or any other instruments Transaction Document or documents relating to the Securitiesany Student Loan or related agreement, and in particular, particular in case of the enforcement hereof or thereof upon a default or an Event of Defaulton default, or (b) if in case of a conflict of interest, or in case the Indenture Trustee should deem that, deems that by reason of any present or future law of any jurisdiction, jurisdiction it may not (i) exercise any of the powers, rights or remedies herein granted herein to the TrusteeIndenture Trustee or hold title to the properties, in trust, as herein granted, or (ii) take any other action which may be desirable or necessary in connection therewith, it may be necessary that the Indenture Trustee appoint an individual or additional institution institution, which must be a commercial bank with trust powers, as a Coseparate or co-Trustee. The following provisions of this Section are adapted intended to accomplish these ends. In the event that the Indenture Trustee appoints an additional individual or additional institution as a Coseparate or co-Trustee, each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by, by or vested in or conveyed to the Indenture Trustee with respect thereto shall be exercisable by, by and vest in and be conveyed to that Cosuch separate or co-Trustee, Trustee but only to the extent necessary for it to be so vested and conveyed and to enable that Cosuch separate or co-Trustee to exercise it. Every covenantsuch powers, agreement rights and remedies, and every covenant and obligation necessary to the exercise thereof by that Cosuch separate or co-Trustee shall run to and be enforceable by iteither of them. Any CoShould any instrument in writing from the Issuer be required by the separate or co-Trustee may so appointed by the Indenture Trustee for more fully and certainly vesting in and confirming to him, her or it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer. In case any separate or co-Trustee, or a successor to either, shall die, become incapable of acting, resign or be removed removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co-Trustee, so far as permitted by law, shall vest in and be exercised by the Indenture Trustee until the appointment of a new Indenture Trustee or a successor Coto such separate or co-Trustee appointed upon the same terms as provided for the Trustee.