Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property may at the time be located, the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then Outstanding, the Company shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, 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. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions: (i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee; (ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee; (iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section; (iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and (v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 4 contracts
Samples: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Security Agreement and Mortgage (Pacific Gas & Electric Co)
Co-Trustees and Separate Trustees. At (a) If, at any time --------------------------------- time, it shall be necessary or times, for the purpose of meeting the legal requirements prudent in order to conform to any law of any jurisdiction in which any property shall be held subject to the Lien of this Indenture, the Ship Mortgage and the U.K. Security Assignment, the Indenture Trustee shall be advised by counsel that it is so necessary or prudent in the interest of the Mortgaged Property may at Holders, or a Majority in Interest of Holders of Notes in writing shall so request the time be locatedIndenture Trustee and the Owner Trust, the Company Indenture Trustee and the Trustee Owner Trust shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then Outstanding, the Company shall for such purpose join with the Trustee in the execution execute and delivery of deliver all instruments and agreements necessary or proper either (i) to appoint, constitute another bank or trust company or one or more Persons approved by the Indenture Trustee andand the Owner Trust, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trusteetrustee or co-trustees of all or any portion of the Indenture Estate, jointly with the Trustee, of all Indenture Trustee originally named herein or any part of the Mortgaged Propertysuccessor or successors, or to act as separate trustee or trustees of all or any such property, portion of the Indenture Estate in either each 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. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder as may be provided in respect such supplemental indenture or such instrument of appointment as the custody Indenture Trustee or a Majority in Interest of securities, cash and other personal property held byHolders of Notes may deem necessary or advisable, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) to clarify, add to or subtract from the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of theretofore granted any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee additional or separate trustee, except subject in each case to the extent that under any law remaining provisions of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trusteeSection 8.
Appears in 4 contracts
Samples: Trust Indenture, Assignment of Charter and Head Lease and Security Agreement (Mobil Corp), Trust Indenture, Assignment of Charter and Head Lease and Security Agreement (Mobil Corp), Trust Indenture, Assignment of Charter and Head Lease and Security Agreement (Mobil Corp)
Co-Trustees and Separate Trustees. At any time or times, for (a) It is the purpose of meeting the legal requirements this Indenture that there shall be no violation of any law of any jurisdiction (including particularly the law of the State of New York) denying or restricting the right of banking corporations or associations to transact business as trustee in which such jurisdiction. It is recognized that in case of litigation under this Indenture, and in particular in case of the enforcement thereof on the occurrence of a Default or Event of Default, or in case the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise any of the Mortgaged Property may at the time be locatedpowers, the Company and the Trustee shall have power rights or remedies herein or therein granted to appoint, and, upon the written request of the Trustee or of hold title to the Holders of at least thirty-three percent (33%) properties, in principal amount of the Bonds then Outstandingtrust, as herein Granted, or take any other action which may be desirable or necessary in connection therewith, the Company shall for such purpose join Trustee may appoint, with notice to the Bondholders, an additional individual or institution as a separate or Co-Trustee, in which event each and every remedy, power, right, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in such separate or Co-Trustee, and every covenant and obligation necessary to the execution exercise thereof by such separate or Co-Trustee shall run to and delivery be enforceable by either of all instruments and agreements necessary them.
(b) Should any deed, conveyance or proper to appoint, one instrument in writing from the Issuer be required by the separate or more Persons approved Co-Trustee so appointed by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, 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. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to for more fully confirm and certainly vesting in and confirming to him or it such co-trustee or separate trustee such propertyproperties, titlerights, right or powerpowers, trusts, duties and obligations, any and all such deeds, conveyances and instruments in writing shall, on request, be executed, acknowledged and delivered by the CompanyIssuer. Every coIn case any separate or Co-trustee Trustee, or a successor to either, shall die, become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate trustee shallor Co-Trustee, to the extent so far as permitted by law, but shall vest in and be exercised by the Trustee until the appointment of a new Co-Trustee or successor to such extent only, be separate or Co-Trustee. Any Co-Trustee previously appointed subject to the following conditions:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, by the Trustee hereunder, shall pursuant to this Section 13.14 may be exercised solely, removed by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except Bondholders to the same extent that under any law of any jurisdiction in which any particular act is to be performed, they may remove the Trustee shall be incompetent or unqualified pursuant to perform such actSection 13.10, in which event such rights, case all powers, duties rights and obligations remedies vested in the Co-Trustee shall be exercised and performed by such co-trustee or separate trustee;
(iii) again vest in the Trustee at any time, by an instrument in writing executed by it, with the concurrence as if no such appointment of the Company, may accept the resignation of or remove any coa Co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have had been delivered to each such co-trustee and separate trusteemade.
Appears in 3 contracts
Samples: Indenture (Warren Resources Inc), Indenture (Warren Resources Inc), Indenture (Warren Resources Inc)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property may at the time be located, the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent percentum (33%) in principal amount of the Bonds Securities then Outstanding, the Company shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, 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. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(iA) the Bonds Securities shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(iiB) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, performed the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iiiC) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(ivD) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(vE) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 3 contracts
Samples: First Mortgage Indenture (Allegheny Energy, Inc), General and Refunding Mortgage Indenture (Nevada Power Co), General and Refunding Mortgage Indenture (Nevada Power Co)
Co-Trustees and Separate Trustees. (a) At any time or times, if the Issuer, the 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 Mortgaged Property Trust Estate may at the time be located, the Company Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the holders of a majority of the Holders of at least thirty-three percent (33%) in principal amount then Outstanding Principal Amount of the Bonds then OutstandingNotes, the Company Issuer shall for such purpose join with the Trustee in the execution execution, delivery, and delivery performance of all instruments and agreements necessary or proper to appoint, appoint one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Propertysuch 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, Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Issuer does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee Trustee, or the holders of a majority of the then Outstanding Principal Amount of the Notes, alone shall have power to make such appointment. .
(b) Should any written instrument or instruments from the Company Issuer be required by any co-trustee or separate trustee so appointed to for more fully confirm confirming to such co-trustee or separate trustee such property, title, right right, or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the CompanyIssuer. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(i) the Bonds The Notes shall be authenticated and delivered, delivered and all rights, powers, duties duties, and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solelyexercised, solely by the Trustee;.
(ii) the The rights, powers, duties duties, and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that that, under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;.
(iii) the The Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyIssuer evidenced by a Trust Order, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if in case an Event of Default shall have has occurred and be is continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the CompanyIssuer. Upon the written request of the Trustee, the Company Issuer shall join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;.
(iv) neither the Trustee nor any No co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of the Trustee or any other such trustee hereunder; andhereunder and the Trustee shall not be personally liable by reason of any act or omission of any co-trustee or other such separate trustee hereunder selected by the Trustee with due care or appointed in accordance with directions to the Trustee pursuant to Section 6.12.
(v) any Any Act of Holders Noteholders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 3 contracts
Samples: Indenture (Copelco Capital Receivables LLC), Indenture (Copelco Capital Funding LLC 99-B), Indenture (Copelco Capital Funding LLC 2000-A)
Co-Trustees and Separate Trustees. (a) At any time or times, if the Issuer, the 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 Mortgaged Property Trust Estate may at the time be located, the Company Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the holders of a majority of the Holders of at least thirty-three percent (33%) in principal amount then Outstanding Principal Amount of the Bonds then OutstandingNotes, the Company Issuer shall for such purpose join with the Trustee in the execution execution, delivery, and delivery performance of all instruments and agreements necessary or proper to appoint, appoint one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Propertysuch 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, Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Issuer does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee Trustee, or the holders of a majority of the then Outstanding Principal Amount of the Notes, alone shall have power to make such appointment. .
(b) Should any written instrument or instruments from the Company Issuer be required by any co-trustee or separate trustee so appointed to for more fully confirm confirming to such co-trustee or separate trustee such property, title, right right, or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company. Issuer.
(i) Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(iii) the Bonds The Notes shall be authenticated and delivered, delivered and all rights, powers, duties duties, and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solelyexercised, solely by the Trustee;.
(iiiii) the The rights, powers, duties duties, and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that that, under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;.
(iiiiv) the The Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyIssuer evidenced by a Trust Order, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if in case an Event of Default shall have has occurred and be is continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the CompanyIssuer. Upon the written request of the Trustee, the Company Issuer shall join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;.
(ivv) neither the Trustee nor any No co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of the Trustee or any other such trustee hereunder; andhereunder and the Trustee shall not be personally liable by reason of any act or omission of any co-trustee or other such separate trustee hereunder selected by the Trustee with due care or appointed in accordance with directions to the Trustee pursuant to Section 6.12.
(vvi) any Any Act of Holders Noteholders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 2 contracts
Samples: Indenture (Copelco Capital Funding LLC 99-1), Indenture (Ikon Receivables LLC)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any portion of the Mortgaged Property any Series Trust Estate may at the time be located, the Company Issuer, and the Trustee for such Series shall have power to appoint, and, upon the written request of the Trustee such Trustee, or of the Holders of representing at least thirty-three percent (33%) in 25% of the aggregate principal amount of the Bonds then OutstandingControlling Class of Notes Outstanding of such Series, the Company Issuer shall for such purpose join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee andsuch Trustee, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trusteeTrustee, jointly with the Trustee, such Trustee of all or any part of the Mortgaged Propertysuch Series Trust Estate for such Series, or to act as separate trustee 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, persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.12. If the Company Issuer does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be continuingis continuing with respect to such Series, the Trustee for such Series alone shall have power to make such appointment. Should any written instrument or instruments from the Company Issuer be reasonably required by any co-trustee Trustee or separate trustee Trustee so appointed to for more fully confirm confirming to such co-trustee Trustee or separate trustee Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the CompanyIssuer. Every co-trustee Trustee or separate trustee Trustee for any Series shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(i) the Bonds Notes of such Series shall be authenticated and delivereddelivered by, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee of such Series hereunder, shall be exercised solely, solely by the such Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee of such Series in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the such Trustee or by the such Trustee and such co-trustee Trustee or separate trustee Trustee jointly, as shall be provided in the instrument appointing such co-trustee Trustee or separate trusteeTrustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the such Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee Trustee or separate trusteeTrustee;
(iii) the Trustee for any Series at any time, by an instrument in writing executed by it, with the concurrence of the CompanyIssuer evidenced by a Board Resolution, may accept the resignation of or remove any co-trustee Trustee or separate trustee Trustee for such Series, appointed under this SectionSection 7.12, and, if in case an Event of Default shall have has occurred and be is continuing, the such Trustee shall have power to accept the resignation of, or remove, any such co-trustee Trustee or separate trustee Trustee without the concurrence of the CompanyIssuer. Upon the written request of the such Trustee, the Company Issuer shall join with the such Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee Trustee or separate trustee Trustee that has so resigned or been removed may be appointed in the manner provided in this SectionSection 7.12;
(iv) neither the Trustee nor any no co-trustee Trustee or separate trustee Trustee for any Series hereunder shall be personally liable by reason of any act or omission of the Trustee for such Series or any other trustee hereundersuch Trustee hereunder nor shall the Trustee for any Series be liable by reason of any act or omission of any co-Trustee or separate Trustee selected by such Trustee with due care or appointed in accordance with directions to such Trustee pursuant to Section 6.14 hereof; and
(v) any Act of Holders Noteholders for any Series delivered to the Trustee for such Series shall be deemed to have been delivered to each such the co-trustee Trustee and separate trusteeTrustee for any Series.
Appears in 1 contract
Samples: Indenture (Trendwest Resorts Inc)
Co-Trustees and Separate Trustees. At (a) Notwithstanding any other provisions of this Indenture, at any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property may at the time be locatedjurisdiction, the Company Issuer and the Trustee shall have the power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then Outstanding, the Company shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, appoint one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, or to act as separate trustee of any such propertytrustees, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 7.13. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, No co-trustee or if an Event of Default separate trustee hereunder shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by to meet the terms of eligibility as a successor trustee under Section 7.10 except as may be required under applicable law and no notice to Holders of the appointment of any co-trustee or separate trustee so appointed to more fully confirm to such co-trustee or separate trustee such property, title, right or power, any and all such instruments shall, on request, shall be executed, acknowledged and delivered by the Company. required under Section 7.8.
(b) Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms, namely:
(i) the Bonds The Notes shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee (in the case of the Dollar Notes) or with the Common Depositary (in the case of the Euro Notes) hereunder, shall be exercised solely, by the Trustee;Trustee (in the case of the Dollar Notes) or the Common Depositary (in the case of the Euro Notes).
(ii) the The rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointlytrustee, jointly as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;.
(iii) the The Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyIssuer, may accept the resignation of or remove any co-trustee or separate trustee appointed under this SectionSection 7.13, and, if in case an Event of Default shall have has occurred and be is continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the CompanyIssuer. Upon the written request of the Trustee, the Company Issuer shall join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trusteeSection 7.13.
Appears in 1 contract
Samples: Indenture (Infor, Inc.)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property Trust Estate may at the time be located, the Company Transferor, MBIA and the Trustee shall have power to appoint, and, upon the written request of the Trustee Trustee, MBIA or, if an MBIA Default or Termination has occurred and is continuing, of the Holders of representing at least thirty-three percent (33%) 25% in principal amount Outstanding Principal Amount of the Bonds then Outstandingall Certificates, the Company Transferor shall for such purpose join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee andand meeting the requirements of Section 7.08 hereof, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trusteeTrustee, jointly with the Trustee, Trustee of all or any part of the Mortgaged Propertysuch Trust Estate, or to act as separate trustee 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, persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Transferor does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company Transferor be reasonably required by any co-trustee Trustee or separate trustee Trustee so appointed to for more fully confirm confirming to such co-trustee Trustee or separate trustee Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the CompanyTransferor. Every co-trustee Trustee or separate trustee Trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(ia) the Bonds Certificates shall be authenticated and delivereddelivered by, and all rights, powers, duties and obligations hereunder under this Agreement in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Samples: Trust and Security Agreement (Granite Financial Inc)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property Trust Estate may at the time be located, the Company Transferor, MBIA and the Trustee shall have power to appoint, and, upon the written request of the Trustee Trustee, MBIA or, if an MBIA Default or Termination has occurred and is continuing, of the Holders of representing at least thirty-three percent (33%) 25% in principal amount Outstanding Principal Amount of the Bonds then Outstandingall Certificates, the Company Transferor shall for such purpose join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee andand meeting the requirements of Section 7.08 hereof, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trusteeTrustee, jointly with the Trustee, Trustee of all or any part of the Mortgaged Propertysuch Trust Estate, or to act as separate trustee 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, persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Transferor does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company Transferor be reasonably required by any co-trustee Trustee or separate trustee Trustee so appointed to for more fully confirm confirming to such co-trustee Trustee or separate trustee Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the CompanyTransferor. Every co-trustee Trustee or separate trustee Trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(ia) the Bonds Certificates shall be authenticated and delivereddelivered by, and all rights, powers, duties and obligations hereunder under this Agreement in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunderunder this Agreement, shall be exercised solely, solely by the Trustee;
(iib) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee by this Agreement in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee Trustee or separate trustee Trustee jointly, as shall be provided in the instrument appointing such co-trustee Trustee or separate trusteeTrustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee Trustee or separate trustee;
Trustee; (iiic) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyTransferor evidenced by a Board Resolution, may accept the resignation of or remove any co-trustee Trustee or separate trustee Trustee, appointed under this Section, and, if in case an Event of Default shall have has occurred and be is continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee Trustee or separate trustee Trustee without the concurrence of the CompanyTransferor. Upon the written request of the Trustee, the Company Transferor shall join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee Trustee or separate trustee Trustee that has so resigned or been removed may be appointed in the manner provided in this Section;
(ivd) neither the Trustee nor any no co-trustee Trustee or separate trustee Trustee hereunder shall be personally liable by reason of any act or omission of the Trustee or any other trustee hereundersuch Trustee hereunder nor shall the Trustee be liable by reason of any act or omission of any co-Trustee or separate Trustee selected by the Trustee with due care or appointed in accordance with directions to the Trustee pursuant to Section 6.14; and
(ve) any Act of Holders Certificateholders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee Trustee and separate trusteeTrustee.
Appears in 1 contract
Samples: Trust and Security Agreement (Granite Financial Inc)
Co-Trustees and Separate Trustees. At Whenever the Trustee or a Majority in Interest of Owner Participants shall deem it necessary or prudent in order either to conform to any time or times, for the purpose of meeting the legal requirements law of any jurisdiction in which all or any part of the Mortgaged Property may at Trust Estate shall be situated or to make any claim or bring any suit with respect to the time be locatedTrust Estate or the Operative Documents, the Company and the Trustee shall have power to appoint, and, upon the written request of or either the Trustee or a Majority in Interest of the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then OutstandingOwner Participants shall be advised by counsel satisfactory to it that it is so necessary or prudent, the Company Trustee and a Majority in Interest of Owner Participants shall for such purpose join with the Trustee in the execution execute and delivery of deliver an agreement supplemental hereto and all other instruments and agreements agreements, and shall take all other action, necessary or proper to appoint, constitute one or more Persons approved by persons (and the Trustee and, if no Event may appoint one or more of Default its officers)(any and all of which shall have occurred and be continuing, by a "citizen of the Company United States" as defined in Section 101(16) of the Act) either to act as co-trustee, trustee or co-trustees jointly with the Trustee, Trustee of all or any part of the Mortgaged PropertyTrust Estate, or to act as separate trustee or separate trustees of all or any such property, in either case with such powers as may be provided in part of the instrument of appointmentTrust Estate, and to vest in such Person or Personspersons, in such capacity, such title to the capacity aforesaidTrust Estate or any part thereof, any property, title, right and such rights or power deemed duties as may be necessary or desirable, subject all for such period and under such terms and conditions as are satisfactory to the other provisions Trustee and a Majority in Interest of this SectionOwner Participants. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by In case any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Samples: Trust Agreement (Airlease LTD)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property may at the time be locatedapplicable jurisdiction, the Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders holders of at least thirty-three percent (33%) 25% in principal amount of the Bonds Securities then Outstandingoutstanding, the Company shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, or to act as separate trustee of any such propertytrustee, 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. If the Company does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(ia) the Bonds Securities shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(iib) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iiic) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements agreements, necessary or proper to effectuate such resignation or removal. A successor to any co-co- trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(ivd) neither the Trustee nor any no co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of the Trustee, or any other such trustee hereunder; and
(ve) any Act notice from the holders of Holders Securities delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Samples: Indenture (Citicorp)
Co-Trustees and Separate Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property Collateral may at the time be located, the Company Issuer and the Trustee shall (with the prior written consent of the Control Party) have power to appoint, and, upon the written request of the Trustee Trustee, the Note Insurer or of the Holders of Noteholders representing at least thirtyfifty-three one percent (3351%) in principal amount of the Bonds then OutstandingOutstanding Note Balance of the Class A Notes, the Company Issuer shall for such purpose join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee andand the Control Party and meeting the eligibility standards for the Trustee specified in Section 7.08, if no Event of Default shall have occurred and be continuing, by the Company either to act as coCo-trusteeTrustee, jointly with the Trustee, Trustee of all or any part of the Mortgaged Propertysuch Collateral, or to act as separate trustee Trustee of any such propertyproperty (a “Co-Trustee”), in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons, persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Issuer does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if or, in case an Event of Default shall have occurred and be continuingexists, the Trustee alone shall have power to make such appointment. .
(b) Should any written instrument or instruments from the Company Issuer be reasonably required by any coCo-trustee Trustee or separate trustee Trustee so appointed to for more fully confirm confirming to such coCo-trustee Trustee or separate trustee Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the Company. Issuer.
(c) Every coCo-trustee Trustee or separate trustee Trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(i) the Bonds Notes shall be authenticated and delivereddelivered by, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, solely by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such coCo-trustee Trustee or separate trustee Trustee jointly, as shall be provided in the instrument appointing such coCo-trustee Trustee or separate trusteeTrustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such coCo-trustee Trustee or separate trusteeTrustee at the direction or with the consent of the Trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyControl Party and, prior to the occurrence of an Event of Default, the Issuer, may accept the resignation of or remove any coCo-trustee Trustee or separate trustee Trustee, appointed under this Section, and, if in case an Event of Default shall have occurred and be continuingexists, the Trustee shall shall, at the direction of the Control Party, have power to accept the resignation of, or remove, any such coCo-trustee Trustee or separate trustee Trustee without the concurrence of the CompanyIssuer. Upon the written request of the Trustee, the Company Issuer shall join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any coCo-trustee Trustee or separate trustee Trustee that has so resigned or been removed may be appointed in the manner provided in this Section;
(iv) neither the no Co-Trustee nor any co-trustee or separate trustee Trustee hereunder shall be personally liable by reason of any act or omission of the Trustee or any other trustee hereundersuch Trustee hereunder nor shall the Trustee be liable by reason of any act or omission of any Co-Trustee or separate Trustee selected by the Trustee with due care or appointed in accordance with directions to the Trustee pursuant to Section 6.14 provided, that the appointment of any Co-Trustee or separate Trustee shall not relieve the Trustee from any of its express duties and obligations under this Indenture; and
(v) any Act of Holders Noteholders delivered to the Trustee shall be deemed to have been delivered to each such coCo-trustee Trustee and separate trusteeTrustee.
Appears in 1 contract
Samples: Indenture (Lease Equity Appreciation Fund II, L.P.)
Co-Trustees and Separate Trustees. At (a) If, at any --------------------------------- time it shall be necessary or times, for the purpose of meeting the legal requirements prudent in order to conform to any law of any jurisdiction in which any property shall be held subject to the Lien of this Indenture, the Indenture Trustee shall be advised by counsel that it is so necessary or prudent in the interest of the Mortgaged Property may at Holders, or a Majority in Interest of Holders of Notes in writing shall so request the time be locatedIndenture Trustee and the Owner Trustee, the Company Indenture Trustee and the Owner Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then Outstanding, the Company shall for such purpose join with the Trustee in the execution execute and delivery of deliver all instruments and agreements necessary or proper either (i) to appoint, constitute another bank or trust company or one or more Persons approved by the Lessee, the Indenture Trustee andand the Owner Trustee, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trusteetrustee or co-trustees of all or any portion of the Indenture Estate, jointly with the Trustee, of all Indenture Trustee originally named herein or any part of the Mortgaged Propertysuccessor or successors, or to act as separate trustee or trustees of all or any such property, portion of the Indenture Estate in either each 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. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder as may be provided in respect such supplemental indenture or such instrument of appointment as the custody Indenture Trustee or a Majority in Interest of securities, cash and other personal property held byHolders of Notes may deem necessary or advisable, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) to clarify, add to or subtract from the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of theretofore granted any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee additional or separate trustee, except subject in each case to the extent that under any law remaining provisions of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trusteeSection 8.
Appears in 1 contract
Samples: Trust Indenture, Deed of Trust, Assignment of Lease, and Security Agreement (Mobil Corp)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property Trust Estate may at the any time be located, the Company Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then OutstandingRequired Holders, the Company Issuer shall for such purpose join with the Trustee in the execution execution, delivery and delivery of performance of, all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Propertysuch 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, Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Issuer does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company Issuer be required by any co-trustee or separate trustee so appointed to for more fully confirm confirming to such 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 CompanyIssuer. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms, namely:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Samples: Master Indenture (Dyncorp)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Trust Property may at the time be located, the Company Transferor and the Trustee shall have power to appoint, and, upon the written request of the Trustee Trustee, the Bond Insurer or of the Holders of representing at least thirty-three percent (33%) 25% in aggregate principal amount of the Bonds then Outstandingall Outstanding Certificates, the Company Transferor shall for such purpose join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee andand meeting the requirements of Section 7.08 hereof, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trusteeTrustee, jointly with the Trustee, Trustee of all or any part of the Mortgaged such Trust Property, or to act as separate trustee 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, persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Transferor does not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company Transferor be reasonably required by any co-trustee Trustee or separate trustee Trustee so appointed to for more fully confirm confirming to such co-trustee Trustee or separate trustee Trustee such property, title, right or power, any and all such instruments shall, on request, be executed, acknowledged and delivered by the CompanyTransferor. Every co-trustee Trustee or separate trustee Trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(ia) the Bonds Certificates shall be authenticated and delivereddelivered by, and all rights, powers, duties and obligations hereunder under this Agreement in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunderunder this Agreement, shall be exercised solely, solely by the Trustee;
(iib) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee by this Agreement in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee Trustee or separate trustee Trustee jointly, as shall be provided in the instrument appointing such co-trustee Trustee or separate trusteeTrustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee Trustee or separate trusteeTrustee;
(iiic) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyTransferor evidenced by a Board Resolution, may accept the resignation of or remove any co-trustee Trustee or separate trustee Trustee appointed under this Section, and, if in case an Event of Default shall have has occurred and be is continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee Trustee or separate trustee Trustee without the concurrence of the CompanyTransferor. Upon the written request of the Trustee, the Company Transferor shall join with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee Trustee or separate trustee Trustee that has so resigned or been removed may be appointed in the manner provided in this Section;
(ivd) neither the Trustee nor any no co-trustee Trustee or separate trustee Trustee hereunder shall be personally liable by reason of any act or omission of the Trustee or any other trustee hereundersuch Trustee hereunder nor shall the Trustee be liable by reason of any act or omission of any co-Trustee or separate Trustee selected by the Trustee with due care or appointed in accordance with directions to the Trustee pursuant to Section 6.14; and
(ve) any Act of Holders Certificateholders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee Trustee and separate trusteeTrustee.
Appears in 1 contract
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of the TIA or of any jurisdiction in which any of the Mortgaged Property Trust Estate may at the time be located, the Company Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent (33%) in principal amount Bonds representing more than [ ]% of the Bond Balance of the Outstanding Bonds then Outstandingwith respect to which a co-trustee or separate trustee is being appointed, the Company Issuer shall for such purpose join jointly with the Trustee in the execution execution, delivery and delivery performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged PropertyTrust 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, Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Company Issuer does not join in such appointment within fifteen (15) days [15 days] after the receipt by it of a request so to dodo so, or if in case an Event of Default shall have has occurred and be is continuing, the Trustee alone shall have power to make such appointment. All fees and expenses of any co-trustee or separate trustee shall be payable by the Issuer. Should any written instrument or instruments from the Company Issuer be required by any co-trustee or separate trustee so appointed to for more fully confirm confirming to such 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 CompanyIssuer. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditionsterms:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property may at the time be locatedapplicable jurisdiction, the Company Company, the Guarantor and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent per centum (33%) in principal amount of the Bonds Debt Securities then Outstanding, the Company and the Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, or to act as separate trustee of any such propertytrustee, 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. If the Company does and the Guarantor do not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(ia) the Bonds Debt Securities shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(iib) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-co- trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iiic) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyCompany and the Guarantor, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the CompanyCompany or the Guarantor. Upon the written request of the Trustee, the Company and the Guarantor shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(ivd) neither the Trustee nor any no co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of the Trustee, or any other such trustee hereunder; and
(ve) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Samples: Indenture (Devon Financing Trust Ii)
Co-Trustees and Separate Trustees. At Whenever the Owner Trustee or the Majority Holders shall reasonably deem it necessary or prudent in order either (a) to conform to any time or times, for the purpose of meeting the legal requirements law of any jurisdiction in which all or any part of the Mortgaged Property Trust Estate shall be situated or to which it may at be subject or to make any claim or bring any suit with respect to the time Trust Estate or any Operative Agreement, (b) shall be locatedadvised by counsel satisfactory to it that it is so necessary or prudent, or (c) the Company and the Owner Trustee shall have power been directed to appointdo so by the Majority Holders and the Agent, and, upon the written request of the Owner Trustee or of and the Holders of at least thirty-three percent (33%) in principal amount of the Bonds then Outstanding, the Company shall for such purpose join with the Trustee in the execution execute and delivery of deliver an agreement supplemental hereto and all other instruments and agreements agreements, and shall take all other action, necessary or proper to appoint, constitute one (1) or more Persons approved by who need not meet the requirements of Section 9.1(c) (and the Owner Trustee and, if no Event may appoint one (1) or more of Default shall have occurred and be continuing, by the Company its officers) either to act as co-trusteetrustee or co-trustees (the "Co-Owner Trustee"), jointly with the Owner Trustee, of all or any part of the Mortgaged PropertyTrust Estate, or to act as separate trustee or separate trustees of all or any such property, in either case with such powers as may be provided in part of the instrument of appointmentTrust Estate, and to vest in such Person or Persons, in such capacity, such title to the capacity aforesaid, Trust Estate or any property, title, right part thereof and such rights or power deemed duties as may be necessary or desirable, subject all for such period and under such terms and conditions as are satisfactory to the other provisions of this Section. If the Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(i) the Bonds shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(ii) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Owner Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iii) the Trustee at any time, by an instrument in writing executed by it, Holders. In accordance with the concurrence of the Company, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the Company. Upon the written request of the Trustee, the Company shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(iv) neither the Trustee nor any co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and
(v) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.foregoing:
Appears in 1 contract
Samples: Participation Agreement (Correctional Services Corp)
Co-Trustees and Separate Trustees. At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Mortgaged Property may at the time be locatedapplicable jurisdiction, the Company Company, the Guarantor and the Trustee shall have power to appoint, and, upon the written request of the Trustee or of the Holders of at least thirty-three percent per centum (33%) in principal amount of the Bonds Debt Securities then Outstanding, the Company and the Guarantor shall for such purpose join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Trustee and, if no Event of Default shall have occurred and be continuing, by the Company either to act as co-trustee, jointly with the Trustee, of all or any part of the Mortgaged Property, or to act as separate trustee of any such propertytrustee, 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. If the Company does and the Guarantor do not join in such appointment within fifteen (15) 15 days after the receipt by it of a request so to do, or if an Event of Default shall have occurred and be continuing, the Trustee alone shall have power to make such appointment. Should any written instrument or instruments from the Company be required by any co-trustee or separate trustee so appointed to more fully confirm to such 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 Company. Every co-trustee or separate trustee shall, to the extent permitted by law, but to such extent only, be appointed subject to the following conditions:
(ia) the Bonds Debt Securities shall be authenticated and delivered, and all rights, powers, duties and obligations hereunder in respect of the custody of securities, cash and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder, shall be exercised solely, by the Trustee;
(iib) the rights, powers, duties and obligations hereby conferred or imposed upon the Trustee in respect of any property covered by such appointment shall be conferred or imposed upon and exercised or performed either by the Trustee or by the Trustee and such co-trustee or separate trustee jointly, as shall be provided in the instrument appointing such co-trustee or separate trustee, except to the extent that under any law of any jurisdiction in which any particular act is to be performed, the Trustee shall be incompetent or unqualified to perform such act, in which event such rights, powers, duties and obligations shall be exercised and performed by such co-trustee or separate trustee;
(iiic) the Trustee at any time, by an instrument in writing executed by it, with the concurrence of the CompanyCompany and the Guarantor, may accept the resignation of or remove any co-trustee or separate trustee appointed under this Section, and, if an Event of Default shall have occurred and be continuing, the Trustee shall have power to accept the resignation of, or remove, any such co-trustee or separate trustee without the concurrence of the CompanyCompany or the Guarantor. Upon the written request of the Trustee, the Company and the Guarantor shall join with the Trustee in the execution and delivery of all instruments and agreements necessary or proper to effectuate such resignation or removal. A successor to any co-trustee or separate trustee so resigned or removed may be appointed in the manner provided in this Section;
(ivd) neither the Trustee nor any no co-trustee or separate trustee hereunder shall be personally liable by reason of any act or omission of the Trustee, or any other such trustee hereunder; and
(ve) any Act of Holders delivered to the Trustee shall be deemed to have been delivered to each such co-trustee and separate trustee.
Appears in 1 contract
Samples: Indenture (Devon Energy Corp/De)
