Common use of Appointment of Successor Collateral Trustee Clause in Contracts

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Debtholders. If no successor Collateral Trustee shall have been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the Company), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall be a bank or trust company (a) authorized to exercise corporate trust powers, (b) having a combined capital and surplus of at least $500,000,000 and (c) maintaining an office in New York, New York. The Collateral Trustee shall fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 2 contracts

Samples: Collateral Trust Agreement (NRG Energy, Inc.), Collateral Trust Agreement (NRG Energy Inc)

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Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Debtholders. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the CompanyBorrower), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 250,000,000; (c3) maintaining an office in New York, New YorkYork or Wilmington, Delaware; and (4) that is not a Secured Debt Representative. The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Midwest Generation LLC), Collateral Trust Agreement (Midwest Generation LLC)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing DebtholdersRequired Debtholders subject to the consent of the Company. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 45 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the Company), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 100,000,000; (c3) maintaining an office in New York, New York; and (4) that is not a Secured Debt Representative. The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (Leap Wireless International Inc)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Required Debtholders. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the CompanyBorrower), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 100,000,000; (c3) maintaining an office in New York, New York; and (4) that is not a Secured Debt Representative. The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (NewPage Energy Services LLC)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by the Secured Debt Representatives, acting jointly, or by an Act of Instructing Secured Debtholders. If no successor Collateral Trustee shall have been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the Company), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall be a bank or trust company (a) authorized to exercise corporate trust powers, (b) having a combined capital and surplus of at least $500,000,000 50,000,000 and (c) maintaining an office in New York, New York. The Collateral Trustee shall fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (Calpine Corp)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Required Debtholders. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the Company), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 500,000,000; (c3) maintaining an office in New York, New York; and (4) that is not a Secured Debt Representative (other than the Trustee). The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

Appointment of Successor Collateral Trustee. (a) Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Debtholdersthe Administrative Agent. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the Company), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 500,000,000; and (c3) maintaining an office in New York, New York. . (b) The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

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Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing DebtholdersRequired Secured Parties. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the CompanyIssuer), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 500,000,000; (c3) maintaining an office in New York, New York; and (4) that is not the Issuer or an Affiliate of the Issuer. The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (INNOVATE Corp.)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Required Debtholders. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the CompanyBorrower), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 500,000,000; and (c3) maintaining an office in New York, New York. The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (Builders FirstSource, Inc.)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing Debtholders. If no successor Collateral Trustee shall have been so appointed and shall have accepted such appointment within 30 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the CompanyBorrowers), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall be a bank or trust company (a) authorized to exercise corporate trust powers, (b) having a combined capital and surplus of at least $500,000,000 100,000,000 and (c) maintaining an office in New York, New York. The Collateral Trustee shall fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Revolving Credit Agreement (GenOn Energy, Inc.)

Appointment of Successor Collateral Trustee. Upon any such resignation or removal, a successor Collateral Trustee may be appointed by an Act of Instructing DebtholdersRequired Debtholders subject to the consent of the Company. If no successor Collateral Trustee shall have has been so appointed and shall have accepted such appointment within 30 60 days after the predecessor Collateral Trustee gave notice of resignation or was removed, the retiring Collateral Trustee may (at the expense of the Company), at its option, appoint a successor Collateral Trustee, or petition a court of competent jurisdiction for appointment of a successor Collateral Trustee, which shall must be a bank or trust company company: (a1) authorized to exercise corporate trust powers, ; (b2) having a combined capital and surplus of at least $500,000,000 and 150,000,000; (c3) maintaining an office in New York, New York; and (4) that is not a Secured Debt Representative. The Collateral Trustee shall will fulfill its obligations hereunder until a successor Collateral Trustee meeting the requirements of this Section 6.2 has accepted its appointment as Collateral Trustee and the provisions of Section 6.3 have been satisfied.

Appears in 1 contract

Samples: Collateral Trust Agreement (Terremark Worldwide Inc.)

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