Co-Trustees and Separate Trustee. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint one or more Persons to act as co-Trustee jointly with the Trustee of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 and to make such claims and enforce such rights of action on behalf of the Noteholders subject to the other provisions of this Section. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trustee. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer be required by any co-Trustee so appointed for more fully confirming to such co-Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 4 contracts
Samples: Indenture (FS Investment Corp II), Indenture (FS Investment CORP), FS Investment Corp II
Co-Trustees and Separate Trustee. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint one or more Persons to act as co-Trustee jointly with the Trustee of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 and to make such claims and enforce such rights of action on behalf of the Noteholders subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trustee. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer be required by any co-Trustee so appointed for more fully confirming to such co-Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of the amounts payable pursuant to subclauses (i) through (viiv) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 3 contracts
Samples: Indenture (FS Investment Corp III), Indenture (FS Investment Corp II), Indenture (FS Energy & Power Fund)
Co-Trustees and Separate Trustee. At any time or times, including, but not limited to, for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer and for enforcement actions, or where a conflict of interest exists, the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of or as a separate trustee with respect to all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 as provided herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does not join in such appointment within 15 fifteen (15) days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointmentappointment on its own. Should any written instrument from the Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer. The Issuer agrees to pay (but only from and to the extent of the Collateral) to the extent funds are available therefor under the Priority of Payments, after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 3 contracts
Samples: Indenture and Credit Agreement (Granite Point Mortgage Trust Inc.), Indenture and Credit Agreement (Terra Secured Income Fund 5, LLC), Indenture and Credit Agreement (Terra Property Trust, Inc.)
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to extent funds are available therefor under subclauses (i3) through and (vii31) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 2 contracts
Samples: Gramercy Real (Gramercy Capital Corp), Marathon Real Estate Finance, Inc.
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does not join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to extent funds are available therefor under subclauses (i3) through and (vii31) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Capitalsource Inc
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to extent funds are available therefor under subclauses (i3) through and (vii16) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Arbor Realty Trust Inc
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee 101 jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointmentappointment on its own. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the CollateralAssets) to the extent funds are available therefor under the Priority of Payments, after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Interest Rate Cap Agreement (Arbor Realty Trust Inc)
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer. The Issuer agrees to pay (but only from and to the extent of the CollateralAssets) to the extent funds are available therefor under the Priority of Payments, after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Co-Trustees and Separate Trustee. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint one or more Persons to act as co-Trustee jointly with the Trustee of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 and to make such claims and enforce such rights of action on behalf of the Noteholders subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trustee. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer be required by any co-Trustee so appointed for more fully confirming to such co-Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of the amounts payable pursuant to subclauses (i) through (viiv) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Indenture (FS Energy & Power Fund)
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of 152 claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 fifteen (15) days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to extent funds are available therefor under subclauses (i3) through and (vii31) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 fifteen (15) days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to extent funds are available therefor under subclauses (i3) through and (vii25) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. 163 Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to subclauses extent funds are available therefor under clauses (i3) through and (vii26) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Arbor Realty Trust Inc
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral Assets may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the CollateralAssets, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of Assets) to the amounts payable pursuant to extent funds are available therefor under subclauses (i3) through and (vii26) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Arbor Realty Trust Inc
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral) to the extent funds are available therefor under the Priority of Payments, after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, for enforcement actions, or where a conflict of interest exists, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders Holders of the Class A Loans and the Notes as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does not join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointmentappointment on its own. Should any written instrument from the Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer. The Issuer agrees to pay (but only from and to the extent of the Collateral) to the extent funds are available therefor under the Priority of Payments, after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Confidentiality Agreement (Lument Finance Trust, Inc.)
Co-Trustees and Separate Trustee. At any time or times, including, but not limited to, for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee or as a separate trustee with respect to of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders as such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee or separate trustee. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request to do so, the Trustee shall have power to make such appointment. Any co-trustee or separate trustee shall be a U.S. state or national bank or trust company that is not an Affiliate of the Issuer and shall meet the requirements of a successor Trustee set forth in Section 6.8. Should any written instrument from the Issuer be required by any co-Trustee trustee or separate trustee, as applicable, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral) to the extent funds are available for Administrative Expenses due and payable to the Trustee under Section 11.1(a), after payment in full of the amounts payable pursuant to subclauses (i) through (vii) of Section 11.1(a)(A)) for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Co-Trustees and Separate Trustee. At any time or times, including for the purpose of meeting the legal requirements of any jurisdiction in which any part of the Collateral may at the time be located, the Issuer, the Co-Issuer and the Trustee (which for purposes of this Section 6.12 shall be deemed to be the Trustee) shall have power to appoint appoint, one or more Persons to act as co-Trustee trustee jointly with the Trustee of all or any part of the Collateral, with the power to file such proofs of claim and take such other actions pursuant to Section 5.4 5.6 herein and to make such claims and enforce such rights of action on behalf of the Noteholders other Secured Parties and the Holders of the Notes as such other Secured Parties and such Holders themselves may have the right to do, subject to the other provisions of this SectionSection 6.12. The Each of the Issuer and the Co-Issuer shall join with the Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint a co-Trusteetrustee. If the Issuer does and the Co-Issuer do not both join in such appointment within 15 days after the receipt by it them of a request to do so, the Trustee shall have power to make such appointment. Should any written instrument from the Issuer or the Co-Issuer be required by any co-Trustee trustee, so appointed for appointed, more fully confirming to such co-Trustee trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Issuer or the Co-Issuer, as the case may be. The Issuer agrees to pay (but only from and to the extent of the Collateral, after payment in full of ) to the amounts payable pursuant to subclauses extent funds are available therefor under clauses (i3) through and (vii42) of Section 11.1(a)(A11.1(a)(i)) , for any reasonable fees and expenses in connection with such appointment. Every co-trustee trustee, shall, to the extent permitted by law, but to such extent only, be appointed subject to the following terms:
Appears in 1 contract
Samples: Management Agreement and Servicing Agreement (CBRE Realty Finance Inc)