Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 16 contracts
Samples: Guarantee Agreement (Heftel Capital Trust Ii), Guarantee Agreement (Fund American Co Inc/New), 4 Guarantee Agreement (Ccci Capital Trust Iii)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a2.6(a)), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 16 contracts
Samples: Form of Guarantee Agreement (Odyssey Re Holdings Corp), Guarantee Agreement (Ual Corp /De/), Guarantee Agreement (Ford Motor Co Capital Trust I)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)2.06), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exerciseits exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 10 contracts
Samples: Guarantee Agreement (Centex Corp), Guarantee Agreement (CMS Energy Corp), Guarantee Agreement (Raytheon Co/)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee GUARANTEE Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically 10 10 set forth in this Guarantee GUARANTEE Agreement, and no implied covenants shall be read into this Guarantee GUARANTEE Agreement against the Guarantee GUARANTEE Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)), the Guarantee GUARANTEE Trustee shall exercise such of the rights and powers vested in it by this Guarantee GUARANTEE Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the this conduct of his or her own affairs.
Appears in 7 contracts
Samples: Guarantee Agreement (J P Morgan Chase & Co), JPM Capital Trust Iv, JPM Capital Trust Iv
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Guarantee Agreement (Aes Corporation), Guarantee Agreement (RJR Nabisco Holdings Capital Trust Vi), Guarantee Agreement (Aes Corporation)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)2.06), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exerciseits exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Guarantee Agreement (Litchfield Capital Trust Ii), Guarantee Agreement (Litchfield Capital Trust Ii), Guarantee Agreement (Pogo Producing Co)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)2.6), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exerciseits exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Guarantee Agreement (Conoco Inc /De), Guarantee Agreement (Marathon Financing Trust I)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the this conduct of his or her own affairs.
Appears in 2 contracts
Samples: Guarantee Agreement (Morgan J P Index Funding Co I), Guarantee Agreement (Morgan J P Index Funding Co I)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an a Guarantee Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an a Guarantee Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)2.06), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exerciseits exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Samples: Guarantee Agreement (Raytheon Co/)
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a2.6(a)), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)2.6), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exerciseits exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Certain Rights and Duties of the Guarantee Trustee. (a) The Guarantee Trustee, before the occurrence of an Event of Default and after the curing or waiving waiver of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06(a)), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
