Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Majority Holders shall deem it necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to which it may be subject or to make any claim or bring any suit with respect to the Trust Estate or any Operative Agreement, (b) shall be advised by counsel satisfactory to it that it is so necessary or prudent, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the Agent, the Owner Trustee and the Holders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one (1) or more Persons who need not meet the requirements of Section 9.1(c) (and the Owner Trustee may appoint one (1) or more of its officers) either as co-trustee or co-trustees (the "Co-Owner Trustee"), jointly with the Owner Trustee, of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and the Holders. In accordance with the foregoing:
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Samples: Trust Agreement (Sunrise Assisted Living Inc), Trust Agreement (Guilford Pharmaceuticals Inc), Trust Agreement (Convergys Corp)
Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Majority Holders If at any time it shall deem it be necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated is located, or to which it may be subject or to make any claim or bring any suit with respect to the Trust Estate or any Operative Agreementthe Lease, (b) shall be or the Owner Trustee being advised by counsel satisfactory to it shall determine that it is so necessary or prudentprudent in the interest of the Owner Participant or the Owner Trustee, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the AgentOwner Participant, the Owner Trustee and the Holders Owner Participant shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute another bank or trust company or one (1) or more Persons who need not meet persons (any and all of which shall be a Citizen of the requirements United States without making use of Section 9.1(ca voting trust, voting powers agreement or similar arrangement) (approved by the Owner Trustee and the Owner Trustee may appoint one (1) or more of its officers) Participant, either to act as co-trustee or co-trustees (the "Co-Owner Trustee")trustee, jointly with the Owner Trustee, of all or any part of the Trust Estate, or to act as separate trustee hereunder (any such co-trustee or separate trustees of all or any part of trustee being herein sometimes referred to as an "additional trustee"). Every additional trustee hereunder shall, to the Trust Estateextent permitted by law, be appointed and act, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and its successors shall act, subject to the Holders. In accordance with the foregoingfollowing provisions and conditions:
Appears in 3 contracts
Samples: Trust Agreement (Us Airways Inc), Trust Agreement (Us Airways Inc), Trust Agreement (Us Airways Inc)
Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Majority Holders shall deem it necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to which it may be subject or to make any claim or bring any suit with respect to the Trust Estate or any Operative Agreement, (b) shall be advised by counsel satisfactory to it that it is so necessary or prudent, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the Agent, the Owner Trustee and the Holders shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one (1) or more Persons who need not meet the requirements of Section 9.1(c) (and the Owner Trustee may appoint one (1) or more of its officers) either as co-trustee or co-trustees (the "βCo-Owner Trustee"β), jointly with the Owner Trustee, of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and the Holders. In accordance with the foregoing:
Appears in 2 contracts
Samples: Trust Agreement (Sabre Holdings Corp), Trust Agreement (Sabre Holdings Corp)
Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the a Majority Holders in Interest of Owner Participants shall deem it necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to which it may be subject or to make any claim or bring any suit with respect to the Trust Estate or any the Operative AgreementDocuments, (b) or either the Trustee or a Majority in Interest of Owner Participants shall be advised by counsel satisfactory to it that it is so necessary or prudent, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the Agent, the Owner Trustee and the Holders a Majority in Interest of Owner Participants shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one (1) or more Persons who need not meet the requirements of Section 9.1(c) persons (and the Owner Trustee may appoint one (1) or more of its officersofficers)(any and all of which shall be a "citizen of the United States" as defined in Section 101(16) of the Act) either as co-trustee or co-trustees (the "Co-Owner Trustee"), jointly with the Owner Trustee, Trustee of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Personspersons, in such capacity, such title to the Trust Estate or any part thereof thereof, and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and the Holdersa Majority in Interest of Owner Participants. In accordance with the foregoing:case any co-trustee or separate trustee shall
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Samples: Trust Agreement (Airlease LTD)
Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Majority Holders If at any time it shall deem it be necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated is located, or to which it may be subject or to make any claim or bring any suit with respect to the Trust Estate or any Operative Agreement, (b) shall be Owner Trustee being advised by counsel satisfactory to it shall determine that it is so necessary or prudentprudent in the interest of the Owner Participant or the Owner Trustee, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the AgentOwner Participant, the Owner Trustee and the Holders Owner Participant shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute another bank or trust company or one (1) or more Persons who need not meet persons (any and all of which shall be a Citizen of the requirements United States without making use of Section 9.1(ca voting trust, voting powers agreement or similar arrangement) (approved by the Owner Trustee and the Owner Trustee may appoint one (1) or more of its officers) Participant, either to act as co-trustee or co-trustees (the "Co-Owner Trustee")trustee, jointly with the Owner Trustee, of all or any part of the Trust Estate, or to act as separate trustee hereunder (any such co-trustee or separate trustees of all or any part of trustee being herein sometimes referred to as an "additional trustee"). Every additional trustee hereunder shall, to the Trust Estateextent permitted by law, be appointed and act, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and its successors shall act, subject to the Holders. In accordance with the foregoingfollowing provisions and conditions:
Appears in 1 contract
Samples: Trust Agreement (Us Airways Inc)
Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Majority Holders (a) If at any time it shall deem it be necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to which it may be subject is located or to make or defend any claim or bring or defend any suit with respect to or action, or the Trust Estate or any Operative Agreement, (b) shall be Owner Trustee being advised by counsel satisfactory to it shall determine that it is so necessary or prudentprudent in the interest of the Owner Participant or the Owner Trustee, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the AgentOwner Participant, the Owner Trustee and the Holders Owner Participant shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, agreements necessary or proper to constitute another bank or trust company or one or more persons (any and AMENDED & RESTATED TRUST AGREEMENT (AA EETC 2001-1) or more Persons who need not meet all of which shall be a Citizen of the requirements of Section 9.1(c) United States approved by the Owner Trustee and Owner Participant (and the Owner Trustee may appoint one (1) or more of its officers) ), either to act as co-trustee or co-trustees (the "Co-Owner Trustee")trustee, jointly with the Owner Trustee, of all or any part of the Trust Estate, or to act as separate trustee hereunder (any such co-trustee or separate trustees trustee being herein sometimes referred to as an "additional trustee"). In case any such additional trustee or separate trustee shall resign or be removed, all the assets, property, rights, powers or duties of all such additional trustee or separate trustee, as the case may be, so far as permitted by any part of the Trust Estateapplicable law, and to shall vest in and be exercised by a new successor to such Personsadditional trustee, appointed in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and the Holders. In accordance with the foregoing:manner otherwise provided in this Agreement.
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Co-Trustees and Separate Trustees. Whenever the Owner Trustee or the Majority Holders Holder shall deem it necessary or prudent in order either (a) to conform to any law of any jurisdiction in which all or any part of the Trust Estate shall be situated or to which it may be subject or to make any claim or bring any suit with respect to the Trust Estate or any Operative Agreement, (b) shall be advised by counsel satisfactory to it that it is so necessary or prudent, or (c) the Owner Trustee shall have been directed to do so by the Majority Holders and the AgentHolder, the Owner Trustee and the Holders Holder shall execute and deliver an agreement supplemental hereto and all other instruments and agreements, and shall take all other action, necessary or proper to constitute one (1) or more Persons who need not meet the requirements of Section 9.1(cSection9.1(c) (and the Owner Trustee may appoint one (1) or more of its officers) either as co-trustee or co-trustees (the "Co-Owner Trustee"), jointly with the Owner Trustee, of all or any part of the Trust Estate, or as separate trustee or separate trustees of all or any part of the Trust Estate, and to vest in such Persons, in such capacity, such title to the Trust Estate or any part thereof and such rights or duties as may be necessary or desirable, all for such period and under such terms and conditions as are satisfactory to the Owner Trustee and the HoldersHolder. In accordance with the foregoing:
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