Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior to Default. The Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder and after the curing or waiving of all such Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder has occurred (which has not been cured or waived), the Trustee shall exercise 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 willful misconduct, except that
Appears in 2 contracts
Samples: Asyst Technologies Inc /Ca/, Resmed Inc
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior ----------------------------------------------------------------- to Default. The ---------- With respect to the Holders of the Securities issued hereunder, the Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder with respect to the Securities and after the curing or waiving of all such Events of Default which that may have occurred, undertakes has undertaken to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder with respect to the Securities has occurred (which that has not been cured or waived), the Trustee shall exercise with respect to such 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 willful misconduct, except that:
Appears in 1 contract
Samples: New Millennium Homes LLC
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior to Default. The Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder and with respect to the Notes or after the curing or waiving of all such Events an Event of Default which may have occurredoccurred with respect to the Notes, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder with respect to the Notes has occurred (which has not been cured or waived)) of which a Responsible Officer has actual knowledge, the Trustee shall exercise 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 willful wilful misconduct, except that:
Appears in 1 contract
Samples: Indenture (Kellogg Co)
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; ----------------------------------------------------------- Prior to Default. The Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder ---------------- and after the curing or waiving of all such Events of Default which that may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder has occurred (which has not been cured or waived), ) the Trustee shall exercise 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 grossly negligent action, its own grossly negligent failure to act or its own willful misconduct, except that
Appears in 1 contract
Samples: Amerenenergy Generating Co
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior to Default. The With respect to the Holders of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder with respect to the Securities and after the curing or waiving of all such Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder with respect to the Securities has occurred (which has not been cured or waived), ) the Trustee shall exercise 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 willful misconduct, except that:
Appears in 1 contract
Samples: Cone Mills Corp
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior to Default. Default ------------------------- The Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder and after the curing or waiving of all such Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder has occurred (which has not been cured or waived), the Trustee shall exercise 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 willful misconduct, except that
Appears in 1 contract
Samples: Indenture (Ohio Casualty Corp)
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior to Default. The Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder with respect to the Notes and after the curing or waiving of all such Events of Default which may have occurredoccurred with respect to the Notes, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder with respect to the Notes has occurred (which has not been cured or waived), the Trustee shall exercise 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 willful wilful misconduct, except that
Appears in 1 contract
Duties and Responsibilities of the Trustee. During -------------------------------------------------- Default; Prior to Default. The Trustee, prior to the occurrence of an Event of ------------------------- Default hereunder and after the curing or waiving of all such Events of Default which that may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Indenture. In case an Event of Default hereunder has occurred (which that has not been cured or waived), the Trustee shall exercise 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. The Trustee shall not be charged with knowledge of the existence of an Event of Default, other than with respect to a payment default, unless and until the Trustee has actual knowledge of such Event of Default or the Trustee shall have received notice thereof in writing from the Company or from the holders of a majority in principal amount of the Securities. 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 willful wilful misconduct, except that
Appears in 1 contract
Samples: Danbury Pharmacal Puerto Rico Inc