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

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 Trust Property may at the time be located, the Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% of the Voting Rights, the Issuer shall for such purpose join with the Trustee in the execution, delivery, and performance of all instruments and agreements necessary or proper to appoint one or more Persons approved by the Trustee either to act as co-trustee, jointly with the Trustee, of all or any part of such Trust 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 7.11. If the Issuer does not join in such appointment within fifteen days after the receipt by it of a request so to do, or in case an Indenture Event of Default has occurred and is continuing, the Trustee alone shall have power to make such appointment.

Appears in 6 contracts

Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)

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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 Trust Property Collateral may at the time be located, the Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% of the Voting RightsTrustee, the Issuer shall for such purpose join with the Trustee in the execution, delivery, delivery and performance of all instruments and agreements necessary or proper to appoint appoint, one or more Persons approved by the Trustee and meeting the eligibility standards for the Trustee specified in Section 7.08, either to act as coCo-trusteeTrustee, jointly with the Trustee, Trustee of all or any part of such Trust PropertyCollateral, 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 7.11Section. If the Issuer does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or or, in case an Indenture Event of Default has occurred and is continuingexists, the Trustee alone shall have power to make such appointment.

Appears in 5 contracts

Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.), Indenture (Resource America, Inc.), Lockbox Intercreditor Agreement (Resource America, Inc.)

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 Trust Property may at the time be located, the Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% of the Voting Rights, the Issuer shall for such purpose join with the Trustee in the execution, delivery, and performance of all instruments and agreements necessary or proper to appoint one or more Persons approved by the Trustee either to act as co-trustee, jointly with the Trustee, of all or any part of such Trust 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 7.11. If the Issuer does not join in such appointment within fifteen 15 days after the receipt by it of a request so to do, or in case an Indenture Event of Default has occurred and is continuing, the Trustee alone shall have power to make such appointment.

Appears in 2 contracts

Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp)

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 Trust Mortgaged Property may at the time be located, the Issuer Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% of the Voting RightsHolders of at least a majority in aggregate principal amount of the Bonds then Outstanding, the Issuer Company shall for such purpose join with the Trustee in the execution, delivery, execution and performance delivery of all instruments and agreements necessary or proper to appoint appoint, one or more Persons approved by the Trustee either to act as co-trustee, jointly with the Trustee, of all or any part of such Trust the Mortgaged Property, or to act as separate trustee of any such property, in either case with such powers as may be maybe provided in the instrument of appointment, and to vest in such Person or Persons Person, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject 106 to the other provisions of this Section 7.11Section. If the Issuer Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to dodo so, or in case an Indenture Event of Default has occurred and is continuing, the Trustee alone shall have the power to make such appointment.

Appears in 1 contract

Samples: Vistra Corp.

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 Trust Property Collateral may at the time be located, the Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% of the Voting RightsTrustee, the Issuer shall for such purpose join with the Trustee in the execution, delivery, delivery and performance of all instruments and agreements necessary or proper to appoint appoint, one or more Persons approved by the Trustee and meeting the eligibility standards for the Trustee specified in Section 7.08, either to act as co-trusteeCo‑Trustee, jointly with the Trustee, Trustee of all or any part of such Trust PropertyCollateral, 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 7.11Section. If the Issuer does not join in such appointment within fifteen (15) days after the receipt by it of a request so to do, or or, in case an Indenture Event of Default has occurred and is continuingexists, the Trustee alone shall have power to make such appointment. The Trustee shall not be liable for any action or inaction by a Co-Trustee or separate trustee.

Appears in 1 contract

Samples: NewStar Financial, Inc.

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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 Trust Property may at the time be located, the Issuer Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders holders of Notes evidencing more than 50% of the Voting Rightsaggregate outstanding principal amount of the Class A and B Notes, taken together, the Issuer Company shall for such purpose join with the Trustee in the execution, delivery, and performance of all instruments and agreements necessary or proper to appoint one or more Persons approved approve by the Trustee either to act as co-trustee, jointly with the Trustee, of all or any part of such Trust 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 7.11Section. If the Issuer Company does not join in such appointment within fifteen 15 days after the receipt by it of a request so to do, or in case an Indenture Event of Default has occurred and is continuing, the Trustee alone shall have power to make such appointment.

Appears in 1 contract

Samples: Indenture (Fidelity Leasing Inc)

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 Trust Mortgaged Property may at the time be located, the Issuer Company and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% of the Voting RightsHolders of at least a majority in aggregate principal amount of the Bonds then Outstanding, the Issuer Company shall for such purpose join with the Trustee in the execution, delivery, execution and performance delivery of all instruments and agreements necessary or proper to appoint appoint, one or more Persons approved by the Trustee either to act as co-trustee, jointly with the Trustee, of all or any part of such Trust the Mortgaged Property, or to act as separate trustee of any such property, in either case with such powers as may be maybe provided in the instrument of appointment, and to vest in such Person or Persons Person, in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject 108 to the other provisions of this Section 7.11Section. If the Issuer Company does not join in such appointment within fifteen (15) days after the receipt by it of a request so to dodo so, or in case an Indenture Event of Default has occurred and is continuing, the Trustee alone shall have the power to make such appointment.

Appears in 1 contract

Samples: Vistra Corp.

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 Trust Property Collateral may at the time be located, the Issuer and the Trustee shall have power to appoint, and, upon the written request of the Trustee or the Noteholders evidencing more than 50% Majority of the Voting RightsHolders, the Issuer shall for such purpose join with the Trustee in the execution, delivery, and performance of all instruments and agreements necessary or proper to appoint one or more Persons approved by the Trustee either to act as co-trustee, jointly with the Trustee, of all or any part of such Trust PropertyCollateral, or to act as separate trustee of any such property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section 7.11. If the Issuer does not join in such appointment within fifteen days after the receipt by it of a request so to do, or in case an Indenture Event of Default has occurred and is continuing, the Trustee alone shall have power to make such appointment.

Appears in 1 contract

Samples: KMC Telecom Holdings Inc

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