Common use of Co-trustees and Separate Indenture Trustees Clause in Contracts

Co-trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer and the Indenture Trustee shall have power to appoint, with the prior written consent of the Majority Holders (and, upon the written request of the Indenture Trustee, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint) one or more Persons approved by the Indenture Trustee either to act as co-trustee, jointly with the Indenture Trustee, of all or any part of the Trust Estate, 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 7.13. If the Issuer does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, the Indenture Trustee alone with the prior written consent of the Majority Holders shall have power to make such appointment.

Appears in 3 contracts

Samples: Contribution Agreement (Americredit Corp), Bay View Capital Corp, Indenture (Bay View Capital Corp)

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Co-trustees and Separate Indenture Trustees. (a) At any time or times, if Issuer, Indenture Trustee or any Noteholder determines that it is necessary for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer and the Indenture Trustee shall have power to appoint, with the prior written consent of the Majority Holders (and, upon the written request of Indenture Trustee or the Indenture TrusteeHolders of Notes evidencing at least a majority of the then Outstanding Principal Amount of the Notes, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery delivery, and performance of all instruments and agreements necessary or proper to appoint) appoint one or more Persons approved by the Indenture Trustee either to act as co-trustee, jointly with the Indenture Trustee, of all or any part of the such Trust Estate, 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 7.13Section. If the Issuer does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, Indenture Trustee, or the Indenture Trustee alone with the prior written consent Holders of Notes evidencing a majority of the Majority Holders then Outstanding Principal Amount of the Notes, alone shall have power to make such appointment.

Appears in 3 contracts

Samples: Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp), Indenture (Provident Lease Receivables Corp)

Co-trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate Mortgaged Property may at the time be located, the Issuer and the Indenture Trustee upon the direction of the holders of not less than 64% in the aggregate principal amount of the Notes shall have power to appoint, with the prior written consent of the Majority Holders (and, upon the written request of the Indenture Trustee, and the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint) , one or more Persons approved by the Indenture Trustee and the holders of 64% in the aggregate principal amount of the Notes than outstanding either to act as co-trustee, jointly with the Indenture Trustee, of all or any part of the Trust Estatesuch Mortgaged Property, or to act as separate trustee of any such propertyProperty, 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 propertyProperty, title, right or power deemed necessary or desirable, subject to the other provisions of this Section 7.13ss11.11. If 105 Should any written instrument from the Issuer does not join in be required by any co-trustee or separate trustee so appointed for more fully confirming to such appointment within fifteen (15) days after 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 receipt Issuer. Every co-trustee or separate trustee shall, to the extent permitted by it of a request so law, but to dosuch extent only, or in case an Event of Default has occurred and is continuingbe appointed subject to the following terms, the Indenture Trustee alone with the prior written consent of the Majority Holders shall have power to make such appointment.namely:

Appears in 2 contracts

Samples: Indenture of Trust and Security Agreement (National Healthcare Corp), Indenture of Trust and Security Agreement (National Health Realty Inc)

Co-trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer and the Indenture Trustee shall have power to appoint, with the prior written consent of the Majority Holders (and, upon the written request of the Indenture Trustee, the holders of Notes evidencing more than [__%] of Voting Rights, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery delivery, and performance of all instruments and agreements necessary or proper to appoint) appoint one or more Persons approved by the Indenture Trustee either to act as co-trustee, jointly with the Indenture Trustee, of all or any part of the such Trust Estate, 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 7.13Section. If the Issuer does not join in such appointment within fifteen (15) [__] days after the receipt by it of a request so to do, or in case an Indenture Event of Default has occurred and is continuing, the Indenture Trustee alone with the prior written consent of the Majority Holders shall have power to make such appointment.

Appears in 1 contract

Samples: Chevy Chase Bank FSB

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Co-trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Indenture Trust Estate may at the any time be located, the Issuer and the Indenture Trustee shall have power to appoint, with the prior written consent of the Majority Holders (and, upon the written request of the Indenture Trustee, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint) , one or more Persons approved by the Indenture Trustee either to act as co-trustee, jointly with the Indenture Trustee, of all or any part of the such Indenture Trust Estate, 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 desirabledesirable to meet such legal requirements, subject to the other provisions of this Section 7.139.12. If the Issuer does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, the Indenture Trustee alone with the prior written consent of the Majority Holders shall have power to make such appointment.

Appears in 1 contract

Samples: Indenture of Trust (Atherton Capital Inc)

Co-trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer and the Indenture Trustee shall have power to appoint, with the prior written consent of the Majority Holders (and, upon the written request of the Indenture Trustee, the holders of Notes evidencing more than [50%] of Voting Rights, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery delivery, and performance of all instruments and agreements necessary or proper to appoint) appoint one or more Persons approved by the Indenture Trustee either to act as co-trustee, jointly with the Indenture Trustee, of all or any part of the such Trust Estate, 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 7.13Section. If the Issuer does not join in such appointment within fifteen ([15) ] days after the receipt by it of a request so to do, or in case an Indenture Event of Default has occurred and is continuing, the Indenture Trustee alone with the prior written consent of the Majority Holders shall have power to make such appointment.

Appears in 1 contract

Samples: Indenture (Acc Consumer Finance Corp)

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