Duties and Responsibilities of the Trustee. During Default; Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular series and after the curing or waiving of all Events of Default which may have occurred with respect to such series, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a series has occurred (which has not been cured or waived) the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own wilful misconduct, except that
(a) prior to the occurrence of an Event of Default with respect to the Securities of any series and after the curing or waiving of all such Events of Default with respect to such series which may have occurred:
(i) the duties and obligations of the Trustee with respect to the Securities of any series shall be determined solely by the express provisions of this Indenture, and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee; and
(ii) in the absence of bad faith on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any statements, certificates or opinions furnished to the Trustee and conforming to the requirements of this Indenture; but in the case of any such statements, certificates or opinions which by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture;
(b) the Trustee shall not be liable for any error of judgment made in good faith by a Responsible Officer or Responsible Officers of the Trustee, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; and
(c)...
Duties and Responsibilities of the Trustee. During Default;
Duties and Responsibilities of the Trustee. During Default; Prior to Default. 30 Section 5.02. Trustee’s Obligations with Respect to the Covenants 30 Section 5.03. Property Held by Trustee 31 Section 5.04. Reports by the Trustee to Holders 31 Section 5.05. Certain Rights of the Trustee 31 Section 5.06. Trustee and Agents May Hold Securities; Collections, etc 33 Section 5.07. Compensation and Indemnification of Trustee and Its Prior Claim 33 Section 5.08. Right of Trustee to Rely on Officer’s Certificate, etc 34 Section 5.09. Disqualification; Conflicting Interests 34 Section 5.10. Persons Eligible for Appointment as Trustee 34 Section 5.11. Resignation and Removal; Appointment of Successor Trustee 34 Section 5.12. Acceptance of Appointment by Successor 36 Section 5.13. Merger, Conversion, Consolidation or Succession to Business of Trustee 37 Section 5.14. Preferential Collection of Claims Against the Issuer 37 Section 5.15. Trustee’s Disclaimer 37
Duties and Responsibilities of the Trustee. During Default; Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of such series and after the curing or waiving of all Events of Default which may have occurred with respect to such series, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a series has occurred (which has not been cured or waived) the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own wilful misconduct, except that
Duties and Responsibilities of the Trustee. In administering and investing the Trust Fund, the Trustee shall:
Duties and Responsibilities of the Trustee. During Default Prior to Default 41 Section 5.02. Certain Rights of the Trustee 42 Section 5.03. Trustee Not Responsible for Recitals, Disposition of Securities or Application of Proceeds Thereof 43 Section 5.04. Trustee and Agents May Hold Securities; Collections, etc 43 Section 5.05. Moneys Held by Trustee 43
Duties and Responsibilities of the Trustee. The duties and responsibilities of the Trustee hereunder shall be limited to carrying out the terms of this Trust Agreement in all matters arising hereunder. The Trustee shall have no responsibilities in respect of the administration of the Plan.
Duties and Responsibilities of the Trustee. During Default; Prior To Default 31 Section 5.02. Certain Rights Of The Trustee 32 Section 5.03. Trustee Not Responsible For Recitals, Disposition Of Securities Or Application Of Proceeds Thereof 34 Section 5.04. Trustee And Agents May Hold Securities; Collections, Etc 34 Section 5.05. Moneys Held By Trustee 34 Section 5.06. Compensation And Indemnification Of Trustee And Its Prior Claim 34 Section 5.07. Right Of Trustee To Rely On Officer’s Certificate, Etc 35 Section 5.08. Persons Eligible For Appointment As Trustee 35 Section 5.09. Resignation And Removal; Appointment Of Successor Trustee 35 Section 5.10. Acceptance Of Appointment By Successor 37 Section 5.11. Merger, Conversion, Consolidation Or Succession To Business Of Trustee 38 Section 5.12. Reports To The Trustee 38
Section 6.01. Evidence Of Action Taken By Securityholders 39 Section 6.02. Proof Of Execution Of Instruments And Of Holding Of Securities; Record Date 39 Section 6.03. Holders To Be Treated As Owners 40 Section 6.04. Securities Owned By Issuer Deemed Not Outstanding 40 Section 6.05. Right Of Revocation Of Action Taken 41 Section 7.01. Supplemental Indentures Without Consent Of Securityholders 41 Section 7.02. Supplemental Indentures With Consent Of Securityholders 43 Section 7.03. Effect Of Supplemental Indenture 45 Section 7.04. Documents To Be Given To Trustee 45 Section 7.05. Notation On Securities In Respect Of Supplemental Indentures 46 Section 8.01. Issuer May Consolidate, Etc., 46 Section 8.02. Successor Corporation Substituted 46 Section 9.01. Defeasance Within One Year Of Payment 47 Section 9.02. Defeasance 48 Section 9.03. Covenant Defeasance 49 Section 9.04. Application Of Trust Money 50 Section 9.05. Repayment To Issuer 51
Duties and Responsibilities of the Trustee. Except during the continuance of an Event of Default,
(1) the Trustee undertakes to perform such duties and only such duties as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee; and
(2) in the absence of bad faith on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any statements, certificates or opinions furnished to the Trustee and conforming to the requirements of this Indenture; but in the case of any such statements, certificates or opinions that by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture;
Duties and Responsibilities of the Trustee. During Default; Prior to Default...................................... 48 SECTION 6.2 Certain Rights of the Trustee................... 49 SECTION 6.3 Trustee Not Responsible for Recitals, Disposition of the Notes or Application of Proceeds Thereof................. 51 SECTION 6.4 Trustee and Agents May Hold Notes; Collections, etc................................ 51 SECTION 6.5 Moneys Held by Trustee.......................... 51 SECTION 6.6 Compensation and Indemnification of Trustee and Its Prior Claim.................. 52 SECTION 6.7 Right of Trustee to Rely on Officers' Certificate, etc................................ 53 SECTION 6.8 Qualification of Trustee; Conflicting Interests....................................... 53 SECTION 6.9 Persons Eligible for Appointment as Trustee...................................... 61 SECTION 6.10 Resignation and Removal; Appointment of Successor Trustee............................ 61 SECTION 6.11 Acceptance of Appointment by Successor Trustee............................... 63 SECTION 6.12 Merger, Conversion, Consolidation or Succession to Business of Trustee............... 64 SECTION 6.13 Preferential Collection of Claims Against the Issuer.............................. 65 SECTION 6.14 Appointment of Authenticating Agent........................................... 70 ARTICLE SEVEN CONCERNING THE NOTEHOLDERS
SECTION 7.1 Evidence of Action Taken by Noteholders..................................... 71
