Common use of Duties of Trustee and Collateral Agent Clause in Contracts

Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise 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 such person’s own affairs.

Appears in 2 contracts

Samples: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)

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Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuing, the Trustee shall shall, in the exercise the of its rights and powers vested in it by under this Indenture and Indenture, use the same degree of care and skill in their its exercise of such rights and powers as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs, subject to the provisions of clause (h) below.

Appears in 2 contracts

Samples: Indenture (CommScope Holding Company, Inc.), CommScope Holding Company, Inc.

Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuing, the Trustee shall will exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuingcontinuing of which the Trustee has actual knowledge, the Trustee shall shall, at the direction of the Holders of a majority in aggregate principal amount of the Notes, exercise such of the rights and powers vested in it by this Indenture 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 such person’s own affairs.

Appears in 2 contracts

Samples: Indenture (FTS International, Inc.), Indenture (FTS International, Inc.)

Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 1 contract

Samples: Indenture (Basic Energy Services Inc)

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Duties of Trustee and Collateral Agent. (a1) If an Event of Default has occurred and is continuingcontinuing for which a Trust Officer has actual knowledge, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 1 contract

Samples: Supplemental Indenture (Advantage Solutions Inc.)

Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuingcontinuing of which the Trustee has received written notice, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents, and use the same degree of care and skill in their exercise its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 1 contract

Samples: Indenture (Lindblad Expeditions Holdings, Inc.)

Duties of Trustee and Collateral Agent. (a) If an Event of Default has occurred and is continuing, 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 its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 1 contract

Samples: Indenture (Vertiv Holdings Co)

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