Common use of Appointment of Co Trustees Clause in Contracts

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights of the secured parties thereunder, each of the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent (25%) in aggregate principal amount of all of the Securities then Outstanding, the Company shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Guarantor be required by any co-Trustee or separate Trustee so appointed to more fully confirm to such co-Trustee or separate Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the Guarantor. Every co-Trustee or separate Trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights of the secured parties thereunderapplicable jurisdiction, each of the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent (25%) % in aggregate principal amount of all of the Securities Notes then Outstanding, the Company and each applicable Note Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any such propertytrustee, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.12. If the Company or any applicable Note Guarantor does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the or any Note Guarantor be required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the and/or such Note Guarantor. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by lawlaw and applicable regulation, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights of the secured parties thereunder, each of the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent per centum (25%) in aggregate principal amount of all of the Securities Notes then Outstanding, the Company shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Guarantor be required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the Guarantor. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for the purpose of meeting the any legal requirements of any jurisdiction in which any collateral part of the Collateral may at the time be located, the Issuer (and in case of an Event of Default has occurred and is continuing, the Trustee) shall have the power to appoint one or if more persons approved by the Trustee is unable either to act as co-trustee or unwilling to execute co-trustees jointly with the Trustee of all or any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights part of the secured parties thereunderCollateral, each or to act as separate trustee or separate co-trustees of all or any part of the Company Collateral, and to vest in such person or persons, in such capacity, such title to the Collateral or any part of it, and/or such rights, powers, duties, trusts or obligations as the Issuer and/or the Trustee shall have power may consider necessary or desirable subject to appoint, and, upon the written remaining provisions of this Section 6.15. Upon the request of the Trustee or of the Holders of at least twenty-five Holder owning not less than fifty percent (2550%) in aggregate principal amount of all of the Securities then Outstanding, the Company Issuer shall for such purpose join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any effect such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company does Issuer shall not join have joined in such appointment within fifteen (15) 30 days after the receipt by it of a request so to do, or if in case an Event of Default shall have occurred and be continuing, the Trustee alone shall have the power to make such appointment. Should any written instrument or The Issuer shall execute, acknowledge and deliver all such instruments from the Company and the Guarantor as may be required by any such co-Trustee trustee or separate Trustee so appointed to trustee for more fully confirm confirming such title, rights, powers, trusts, duties and obligations to such co-Trustee trustee or separate Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the Guarantortrustee. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by law, but to such extent onlylaw or any applicable contract, be appointed subject to the following conditionsterms, namely:

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights of the secured parties thereunderjurisdiction, each of the Company Issuers and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent per centum (25%) in aggregate principal amount of all of the Securities Notes then Outstanding, the Company Issuers and each applicable Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company Issuers either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.13. If the Company Issuers or any applicable Guarantor does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Issuers or any Guarantor be required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the Issuers and/or such Guarantor. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by lawlaw and applicable regulation, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time upon the occurrence or timesduring the continuation of an Event of Default, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights of the secured parties thereunder, each of the Company and the Trustee shall to the extent permitted under the TIA have power to appoint, and, upon the written request of the Trustee or of the Holders Securityholders of at least twenty-five percent per cent (25%) in aggregate principal amount of all of the Securities then Outstanding, the Company and each applicable Subsidiary Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements reasonably necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any such propertytrustee, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.12. If the Company or any applicable Subsidiary Guarantor does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the or any Subsidiary Guarantor be reasonably required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the and/or such Subsidiary Guarantor. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by lawlaw and applicable regulation, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral may at any time be located or hold or enforce the rights of the secured parties thereunderapplicable jurisdiction, each of the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent (25%) % in aggregate principal amount of all of the Securities Notes then Outstanding, the Company and each applicable Note Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any such propertytrustee, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.12. If the Company or any applicable Note Guarantor does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the or any Note Guarantor be required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the and/or such Note Guarantor. 91 Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by lawlaw and applicable regulation, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for It is the purpose of meeting the legal requirements this Indenture that there shall be no violation of any law of any jurisdiction denying or restricting the right of banking corporations or associations to transact business as trustee in which any collateral may at such jurisdiction. It is recognized that in case of litigation under this Indenture, and in particular in case of the time be locatedenforcement thereof on default, or if in the case the Trustee is unable deems that by reason of any present or unwilling to execute future law of any documents in a jurisdiction in which it may not exercise any collateral may at any time be located or hold or enforce the rights of the secured parties thereunderpowers, each of the Company and the Trustee shall have power rights or remedies herein granted to appoint, and, upon the written request of the Trustee or hold title to the properties, in trust, as herein granted or take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or institution as a separate or co-trustee. The following provisions of this Section are adopted to these ends. In the Holders event that the Trustee appoints an additional individual or institution as a separate or co-trustee, each and every remedy, power, right, claim, demand, cause of at least twentyaction, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in such separate or co-five percent (25%) trustee but only to the extent necessary to enable such separate or co-trustee to exercise such powers, 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 such separate or co-trustee shall run to and be enforceable by either of them. Should any instrument in aggregate principal amount of all of the Securities then Outstanding, writing from the Company shall for such purpose join with be required by the Trustee in the execution and delivery of all instruments and agreements necessary separate or proper to appoint, one or more Persons approved co-trustee so appointed by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Guarantor be required by any co-Trustee or separate Trustee so appointed to for more fully confirm and certainly vesting in and confirming to him or it such co-Trustee or separate Trustee such propertyproperties, titlerights, right or powerpowers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Company at the expense of the Company; provided that if an Event of Default shall have occurred and be continuing, if the GuarantorCompany does not execute any such instrument within fifteen (15) days after request therefor, the Trustee shall be empowered as an attorney-in-fact for the Company to execute any such instrument in the Company’s name and stead. Every In case any separate or co-Trustee 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 Trustee shallor co-trustee, to the extent so far as permitted by law, but shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor to such extent only, be appointed subject to the following conditions:separate or co-trustee. ARTICLE SEVEN - Holders’ Lists and Reports by Trustee and Company

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction (including any jurisdiction in which any collateral of the Collateral may at the time be located), or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral of Collateral may at any time be located or hold or enforce the rights of the secured parties thereunder, each of the Company Issuers and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent per centum (25%) in aggregate principal amount of all of the Securities Notes then Outstanding, the Company Issuers and each applicable Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company Issuers either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateralthe Collateral, or to act as separate Trustee trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, 107 and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.13. If the Company Issuers or any applicable Guarantor does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Issuers or any Guarantor be required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the Issuers and/or such Guarantor. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by lawlaw and applicable regulation, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any collateral of the Collateral may at the time be located, or if the Trustee is unable or unwilling to execute any documents in a jurisdiction in which any collateral of Collateral may at any time be located or hold or enforce the rights of the secured parties thereunder, each of the Company Issuers and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least twenty-five percent per centum (25%) in aggregate principal amount of all of the Securities Notes then Outstanding, the Company Issuers shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company Issuers either to act as co-Trusteetrustee, jointly with the Trustee, of all or any part of any collateralthe Collateral, or to act as separate Trustee trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Issuers or any applicable Guarantor does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Issuers or any Guarantor be required by any co-Trustee trustee or separate Trustee trustee so appointed to more fully confirm to such co-Trustee trustee or separate Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company and the Issuers and/or such Guarantor. Every co-Trustee trustee or separate Trustee trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:

Appointment of Co Trustees. At any time or times, for It is the purpose of meeting the legal requirements this Indenture that there shall be no violation of any law of any jurisdiction denying or restricting the right of banking corporations or associations to transact business as trustee in which any collateral may at such jurisdiction. It is recognized that in case of litigation under this Indenture, and in particular in case of the time be locatedenforcement thereof on default, or if in the case the Trustee is unable deems that by reason of any present or unwilling to execute future law of any documents in a jurisdiction in which it may not exercise any collateral may at any time be located or hold or enforce the rights of the secured parties thereunderpowers, each of the Company and the Trustee shall have power rights or remedies herein granted to appoint, and, upon the written request of the Trustee or hold title to the properties, in trust, as herein granted or take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or institution as a separate or co-trustee. The following provisions of this Section are adopted to these ends. In the Holders event that the Trustee appoints an additional individual or institution as a separate or co-trustee, each and every remedy, power, right, claim, demand, cause of at least twentyaction, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in such separate or co-five percent (25%) trustee but only to the extent necessary to enable such separate or co-trustee to exercise such powers, 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 such separate or co-trustee shall run to and be enforceable by either of them. Should any instrument in aggregate principal amount of all of the Securities then Outstanding, writing from the Company shall for such purpose join with be required by the Trustee in the execution and delivery of all instruments and agreements necessary separate or proper to appoint, one or more Persons approved co-trustee so appointed by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-Trustee, jointly with the Trustee, of all or any part of any collateral, or to act as separate Trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company and the Guarantor be required by any co-Trustee or separate Trustee so appointed to for more fully confirm and certainly vesting in and confirming to him or it such co-Trustee or separate Trustee such propertyproperties, titlerights, right or powerpowers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Company at the expense of the Company; provided that if an Event of Default shall have occurred and be continuing, if the GuarantorCompany does not execute any such instrument within fifteen (15) days after request therefor, the Trustee shall be empowered as an attorney-in-fact for the Company to execute any such instrument in the Company’s name and stead. Every In case any separate or co-Trustee 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 Trustee shallor co-trustee, to the extent so far as permitted by law, but shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor to such extent only, be appointed subject separate or co-trustee. Notwithstanding anything to the following conditions:contrary contained herein, the Trustee shall not be responsible for the acts of any co-trustee or other trustee. ARTICLE SEVEN - Holders’ Lists and Reports by Trustee and Company