Common use of Co-Trustee; Separate Trustee Clause in Contracts

Co-Trustee; Separate Trustee. (i) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Collateral Agent shall be advised by counsel, satisfactory to it, that it is so necessary or advisable in the interest of the Secured Parties, or the Applicable Authorized Representative shall in writing so request the Collateral Agent and the Grantors, or the Collateral Agent shall deem it desirable for its own protection in the performance of its duties hereunder, the Collateral Agent and the Grantors shall, at the reasonable request of the Collateral Agent, execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent and the Grantors, either to act as co-trustee or co-trustees of all or any of the Collateral, jointly with the Collateral Agent originally named herein or any successor or successors, or to act as separate trustee or trustees of any such property. In the event the Grantors shall not have joined in the execution of such instruments and agreements within 30 days after the receipt of a written request from the Collateral Agent so to do, or in case an Actionable Default shall have occurred and be continuing, the Collateral Agent may act under the foregoing provisions of this Section 6(i) without the concurrence of the Grantors, and the Grantors hereby appoint the Collateral Agent as its agent and attorney to act for it under the foregoing provisions of this Section 6(i) in either of such contingencies.

Appears in 2 contracts

Samples: Collateral Trust Agreement, Collateral Trust Agreement (Ak Steel Holding Corp)

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Co-Trustee; Separate Trustee. (ia) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Collateral Agent shall be advised by counsel, satisfactory to it, that it is so necessary or advisable in the interest of the Secured Parties, or the Applicable Authorized Representative Majority Holders shall in writing so request the Collateral Agent and the GrantorsTrustors, or the Collateral Agent shall deem it desirable for its own protection in the performance of its duties hereunder, the Collateral Agent and the Grantors Trustors shall, at the reasonable request of the Collateral Agent, execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent and the GrantorsTrustors, either to act as co-trustee or co-trustees of all or any of the Collateral, jointly with the Collateral Agent originally named herein or any successor or successors, or to act as separate trustee or trustees of any such property. In the event the Grantors Trustors shall not have joined in the execution of such instruments and agreements within 30 days after the receipt of a written request from the Collateral Agent so to do, or in case an Actionable Default shall have occurred and be continuing, the Collateral Agent may act under the foregoing provisions of this Section 6(i) 6.10 without the concurrence of the GrantorsTrustors, and the Grantors Trustors hereby appoint the Collateral Agent as its agent and attorney to act for it under the foregoing provisions of this Section 6(i) 6.10 in either of such contingencies.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Harbinger Group Inc.), Collateral Trust Agreement (Harbinger Group Inc.)

Co-Trustee; Separate Trustee. (ia) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Collateral Agent Trustee shall be advised by counsel, satisfactory to it, that it is so necessary or advisable prudent in the interest of the Secured PartiesHolders, or the Applicable Authorized Representative Majority Holders shall in writing so request the Collateral Agent Trustee and the GrantorsTrustors, or the Collateral Agent Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, the Collateral Agent Trustee and the Grantors shall, at the reasonable request of the Collateral Agent, Trustors shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent Trustee and the GrantorsTrustors, either to act as co-trustee or co-trustees of all or any of the Collateral, jointly with the Collateral Agent Trustee originally named herein or any successor or successors, or to act as separate trustee or trustees of any such property. In the event the Grantors Trustors shall not have joined in the execution of such instruments and agreements within 30 days after the receipt of a written request from the Collateral Agent Trustee so to do, or in case an Actionable Default shall have occurred and be continuing, the Collateral Agent Trustee may act under the foregoing provisions of this Section 6(i) 5.10 without the concurrence of the GrantorsTrustors, and the Grantors Trustors hereby appoint the Collateral Agent Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6(i) 5.10 in either of such contingencies.

Appears in 2 contracts

Samples: Trust Agreement (Caremark Rx Inc), Trust Agreement (Caremark Rx Inc)

Co-Trustee; Separate Trustee. (ia) If at any time or times (i) it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be locatedlocated to avoid any violation of law or imposition on the Trustee of taxes by such jurisdiction not otherwise imposed on the Trustee, or (ii) the Collateral Agent Trustee shall be advised by counsel, reasonably satisfactory to it, that it is so necessary or advisable in the interest of the Secured Parties, or (iii) the Applicable Authorized Representative Administrative Agent shall in writing so request the Collateral Agent Trustee and the GrantorsObligors, or (iv) the Collateral Agent Trustee shall deem it desirable necessary for its own protection in the performance of its duties hereunderhereunder or under any Security Document, the Collateral Agent Trustee and the Grantors shall, at the reasonable request of the Collateral Agent, Obligors shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent Trustee and the GrantorsObligors, either to act as co-trustee or co-trustees of all or any of the CollateralCollateral under this Agreement or under any of the Security Documents, jointly with the Collateral Agent Trustee originally named herein or therein or any successor or successorsTrustee, or to act as separate trustee or trustees of any such propertyof the Collateral. In the event the Grantors If any Obligor shall not have joined in the execution of such instruments and agreements within 30 10 days after the receipt of it receives a written request from the Collateral Agent so Trustee to dodo so, or in case if an Actionable Event of Default shall have occurred and be continuing, the Collateral Agent Trustee may act under the foregoing provisions of this Section 6(iclause (a) without the concurrence of the Grantors, Obligors and execute and deliver such instruments and agreements on behalf of such Obligor. Each Obligor hereby appoints the Grantors hereby appoint the Collateral Agent Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6(iclause (a) in either of such contingencies.

Appears in 2 contracts

Samples: Credit Agreement (Champion Enterprises Inc), Credit Agreement (Champion Enterprises Inc)

Co-Trustee; Separate Trustee. (ia) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Second Lien Collateral shall be located, or the Collateral Agent shall be advised by counsel, satisfactory to it, that it is so necessary or advisable prudent in the interest of the Second Lien Secured Parties, or the Applicable Authorized Representative Majority Holders shall in writing so request the Collateral Agent and the GrantorsTrustors, or the Collateral Agent shall deem it desirable for its own protection in the performance of its duties hereunder, the Collateral Agent and the Grantors shall, at the reasonable request of the Collateral Agent, Trustors shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent and the GrantorsTrustors, either to act as co-trustee or co-trustees of all or any of the Second Lien Collateral, jointly with the Collateral Agent originally named herein or any successor or successors, or to act as separate trustee or trustees of any such property. In the event the Grantors Trustors shall not have joined in the execution of such instruments and agreements within 30 days after the receipt of a written request from the Collateral Agent so to do, or in case an Actionable Default shall have occurred and be continuing, the Collateral Agent may act under the foregoing provisions of this Section 6(i) 6.10 without the concurrence of the GrantorsTrustors, and the Grantors Trustors hereby appoint the Collateral Agent as its agent and attorney to act for it under the foregoing provisions of this Section 6(i) 6.10 in either of such contingencies.

Appears in 1 contract

Samples: Collateral Trust Agreement (Eastman Kodak Co)

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Co-Trustee; Separate Trustee. (ia) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or to avoid any violation of law or imposition on the Collateral Agent Trustee of taxes by such jurisdiction not otherwise imposed on the Trustee, or the Trustee shall be advised by counsel, satisfactory to it, that it is so necessary or advisable prudent in the interest of the Secured Parties, or the Applicable Authorized Representative Administrative Agent, the Indenture Trustee or any Surety Party shall in writing so request the Collateral Agent Trustee and the GrantorsObligors, or the Collateral Agent Trustee shall deem it desirable for its own protection in the performance of its duties hereunderhereunder or under any Trust Security Document, the Collateral Agent Trustee and the Grantors shall, at the reasonable request each of the Collateral Agent, Obligors shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent Trustee and the GrantorsObligors, either to act as co-trustee or co-trustees of all or any of the CollateralCollateral under this Trust Agreement or under any of the Trust Security Documents, jointly with the Collateral Agent Trustee originally named herein or therein or any successor or successorsTrustee, or to act as separate trustee or trustees of any such propertyof the Collateral. In If any of the event the Grantors Obligors shall not have joined in the execution of such instruments and agreements within 30 10 days after the receipt of it receives a written request from the Collateral Agent so Trustee to dodo so, or if a Notice of Acceleration is in case an Actionable Default shall have occurred and be continuingeffect, the Collateral Agent Trustee may act under the foregoing provisions of this Section 6(i5.10(a) without the concurrence of such Obligors and execute and deliver such instruments and agreements on behalf of such Obligors. Each of the Grantors, and Obligors hereby appoints the Grantors hereby appoint the Collateral Agent Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6(i5.10(a) in either of such contingencies.

Appears in 1 contract

Samples: Trust Agreement (Anc Rental Corp)

Co-Trustee; Separate Trustee. (ia) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or to avoid any violation of law or imposition on the Collateral Agent Trustee of taxes by such jurisdiction not otherwise imposed on the Trustee, or the Trustee shall be advised by counsel, satisfactory to it, that it is so necessary or advisable prudent in the interest of the Secured Parties, or the Applicable Authorized Representative Administrative Agent or the Public Debt Trustee shall in writing so request the Collateral Agent Trustee and the GrantorsCompany, or the Collateral Agent Trustee shall deem it desirable for its own protection in the performance of its duties hereunderhereunder or under the Pledge Agreement, the Collateral Agent Trustee and the Grantors shall, at the reasonable request of the Collateral Agent, Company shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent Trustee and the GrantorsCompany, either to act as co-trustee or co-trustees of all or any of the CollateralCollateral under this Trust Agreement or under the Pledge Agreement, jointly with the Collateral Agent Trustee originally named herein or therein or any successor or successorsTrustee, or to act as separate trustee or trustees of any such propertyof the Collateral. In If the event the Grantors Company shall not have joined in the execution of such instruments and agreements within 30 10 days after the receipt of it receives a written request from the Collateral Agent so Trustee to dodo so, or if a Notice of Acceleration is in case an Actionable Default shall have occurred and be continuingeffect, the Collateral Agent Trustee may act under the foregoing provisions of this Section 6(isubsection 5.10(a) without the concurrence of the Grantors, Company and execute and deliver such instruments and agreements on behalf of the Grantors Company. The Company hereby appoint appoints the Collateral Agent Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6(isubsection 5.10(a) in either of such contingencies.

Appears in 1 contract

Samples: Joinder Agreement (Worthington Industries Inc)

Co-Trustee; Separate Trustee. (ia) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Collateral Agent Trustee shall be advised by counsel, satisfactory to it, that it is so necessary or advisable prudent in the interest of the Secured PartiesHolders, or the Applicable Authorized Representative Majority Holders shall in writing so request the Collateral Agent Trustee and the GrantorsCompany, or the Collateral Agent Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, the Collateral Agent Trustee and the Grantors shall, at the reasonable request of the Collateral Agent, Company shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Collateral Agent Trustee and the GrantorsCompany, either to act as co-trustee or co-trustees of all or any of the Collateral, jointly with the Collateral Agent Trustee originally named herein or any successor or successors, or to act as separate trustee or trustees of any such property. In the event the Grantors Company shall not have joined in the execution of such instruments and agreements within 30 days after the receipt of a written request from the Collateral Agent Trustee so to do, or in case an Actionable Default shall have occurred and be continuing, the Collateral Agent Trustee may act under the foregoing provisions of this Section 6(i) 5.10 without the concurrence of the GrantorsCompany, and the Grantors Company hereby appoint appoints the Collateral Agent Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6(i) 5.10 in either of such contingencies.

Appears in 1 contract

Samples: Trust Agreement (Caremark Rx Inc)

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