Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 409 contracts
Samples: Indenture (Vse Corp), Indenture (Sunoco LP), Indenture (Sunoco LP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 332 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (PBF Holding Co LLC), Indenture (Clarios International Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 327 contracts
Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Global Partners Lp), Indenture (Martin Midstream Partners L.P.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 247 contracts
Samples: Indenture (Ispire Technology Inc.), Indenture (Olb Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 237 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Supplemental Indenture (Bz Intermediate Holdings LLC), Credit Agreement (Cornell Companies Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 192 contracts
Samples: Indenture, Indenture (Norbord Inc.), Wynn Las Vegas LLC
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 153 contracts
Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.), Indenture (Transocean Ltd.), Indenture (NCR Atleos, LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 146 contracts
Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their 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 145 contracts
Samples: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (TransDigm Group INC), Indenture (Light & Wonder, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 132 contracts
Samples: Indenture (Marinemax Inc), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 100 contracts
Samples: Indenture (Baytex Energy Corp.), Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 98 contracts
Samples: Indenture (CNX Resources Corp), Indenture (Five Point Holdings, LLC), Indenture (Nabors Industries LTD)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 97 contracts
Samples: Indenture (Midwest Generation LLC), Indenture (RathGibson Inc), Indenture (Harland Financial Solutions, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 95 contracts
Samples: Supplemental Indenture (Constellium Se), Supplemental Indenture (Constellium Se), Party City Holdco Inc.
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, 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 88 contracts
Samples: Indenture (Group 1 Automotive Inc), Indenture (Acushnet Holdings Corp.), Indenture (Brinker International, Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 86 contracts
Samples: Supplemental Indenture (Alcoa Corp), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 85 contracts
Samples: Senior Notes Indenture (Equitrans Midstream Corp), Indenture (Energy Transfer LP), Senior Notes Indenture (Equitrans Midstream Corp)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their 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 81 contracts
Samples: Supplemental Indenture (MPT Operating Partnership, L.P.), Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their 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 72 contracts
Samples: Indenture (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 66 contracts
Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Collateral Agreement (Community Health Systems Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 64 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Intercreditor Agreement (Hilton Grand Vacations Inc.), Indenture (Cinemark Usa Inc /Tx)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 64 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 64 contracts
Samples: Indenture (Iamgold Corp), Indenture (Hudbay Minerals Inc.), Indenture (Sibanye Stillwater LTD)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenturehereby, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 51 contracts
Samples: Indenture (Home Bancorp, Inc.), Indenture (Home Bancorp, Inc.), Indenture (Investar Holding Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the same circumstances in the conduct of such person’s his own affairs.
Appears in 49 contracts
Samples: Axcelis Technologies Inc, Lamar Media Corp/De, Axcelis Technologies Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 45 contracts
Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Contingent Value Rights Agreement (Akumin Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in 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 35 contracts
Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Carrols Restaurant Group, Inc.
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 29 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 27 contracts
Samples: Indenture (Roma Fort Worth Inc), Indenture (Gentek Inc), Indenture (Pen Tab Industries Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 26 contracts
Samples: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Indenture (Permian Resources Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 25 contracts
Samples: Indenture (Heritage Propane Partners L P), Indenture (Westlake International CORP), Indenture (Pride International Inc)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 23 contracts
Samples: Tenth Supplemental Indenture (Cco Holdings LLC), Eighth Supplemental Indenture (Cco Holdings LLC), Indenture (Cco Holdings LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 21 contracts
Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 20 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Lear Corp Eeds & Interiors)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Trustee has actual notice, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 20 contracts
Samples: Supplemental Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.), Supplemental Indenture (Herbalife Nutrition Ltd.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers expressly vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 16 contracts
Samples: Suspension Covenants (Endo, Inc.), Paying Agent (Endo International PLC), Supplemental Indenture (Endo International PLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and is actually known to a Responsible Officer of the Trustee, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 16 contracts
Samples: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Peabody Energy Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 14 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in 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 14 contracts
Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by under this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.
Appears in 13 contracts
Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Bread Financial Holdings, Inc.
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their 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 13 contracts
Samples: Indenture (Atlantic Express Transportation Corp), Indenture (Clark Material Handling Co), Indenture (Atlantic Express Transportation Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Trust Officer has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of such person’s his or her own affairs.
Appears in 13 contracts
Samples: Indenture (New Home Co Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Duties of Trustee. (a) If an Event of Default with respect to any Series of Securities has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 11 contracts
Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.)
Duties of Trustee. (a) If an Event of Default of which a Trust Officer has knowledge and has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 10 contracts
Samples: Intercreditor Agreement (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 10 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Trustee has actual knowledge, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 9 contracts
Samples: Indenture (InterXion Holding N.V.), Indenture (InterXion Holding N.V.), Note Accession Agreement (Hungarian Telephone & Cable Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Trustee has actual knowledge, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 9 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 9 contracts
Samples: 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp, First Franklin Financial Corp
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 8 contracts
Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, 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 8 contracts
Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC), Indenture (Huntsman International LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Trustee has actual knowledge, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Carnival PLC), Indenture (Norwegian Cruise Line Holdings Ltd.)
Duties of Trustee. (a) If an Event of Default actually known or notified in writing to a Trust Officer of the Trustee has occurred and is continuingcontinuing and is actually known to the Trustee, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 8 contracts
Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 6 contracts
Samples: Indenture (Memberworks Inc), Indenture (Xl Capital LTD), Indenture (American Express Co)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Trustee has actual knowledge, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.;
Appears in 6 contracts
Samples: Indenture (Difl Us Ii LLC), Digicel Group LTD, Digicel Group LTD
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.
Appears in 6 contracts
Samples: Indenture (GHTV Inc), Sbarro Inc, Vail Resorts Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 6 contracts
Samples: Indenture (Medicine Man Technologies, Inc.), Protalix BioTherapeutics, Inc., Indenture (GAIN Capital Holdings, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and is actually known by a Trust Officer, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 6 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 5 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Seventh Supplemental Indenture (Charter Communications, Inc. /Mo/), Sixth Supplemental Indenture (Charter Communications, Inc. /Mo/)
Duties of Trustee. (a) If an Event of Default has occurred occurs and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and to use the same degree of care and skill in its exercise, exercise as that of a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 5 contracts
Samples: Indenture (Platinum Pressure Pumping, Inc.), Intercreditor Agreement (Saratoga Resources Inc /Tx), Interface Security Systems, L.L.C.
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will and the Trust Collateral Agent shall exercise such of the rights and powers vested in it by this Indenture, Indenture and the Basic Documents and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 5 contracts
Samples: Indenture (TFC Enterprises Inc), TFC Enterprises Inc, TFC Enterprises Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, and it is known to the Trustee, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 5 contracts
Samples: Sunoco, LLC, Landmark Infrastructure Finance Corp., Form of Indenture (LD Acquisition Co 7 LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will Trust shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 4 contracts
Samples: Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo)
Duties of Trustee. (a) If an Event of Default with respect to a particular series has occurred and is continuing, the Trustee will shall exercise with respect to such series such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Hallmark Financial Services Inc), Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. Such standard of care is not considered a fiduciary standard nor shall the Trustee be considered a fiduciary in performance of its duties.
Appears in 4 contracts
Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)
Duties of Trustee. (a1) If an Event of Default with respect to a series of Securities has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 4 contracts
Samples: Indenture (Amerigas Finance Corp), Amerigas Partners Lp, Indenture (Amerigas Partners Lp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Trust Officer has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 4 contracts
Samples: Term Power Purchase Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, and is known to the Trustee, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingContinuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances and in the conduct of such person’s his or her own affairs.
Appears in 4 contracts
Samples: Indenture (North Atlantic Holding Company, Inc.), Financing Agreement (North Atlantic Trading Co Inc), Indenture (North Atlantic Trading Co Inc)
Duties of Trustee. (a) If an Event of Default actually known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (Ifco Systems Nv), Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 3 contracts
Samples: Xerium Technologies Inc, Indenture (Real Mex Restaurants, Inc.), Mueller Water Products, Inc.
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC), Indenture (Amerus Group Co/Ia)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 3 contracts
Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Industries Inc, Trinity Marine Products, Inc.
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 3 contracts
Samples: Indenture (Icn Pharmaceuticals Inc), Acclaim Entertainment Inc, Trans Lux Corp
Duties of Trustee. (a) If In case an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing (and is not cured), the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 3 contracts
Samples: Purchase Agreement (Amh Holdings, LLC), Indenture (Associated Materials, LLC), Associated Materials, LLC
Duties of Trustee. (a) If an Event of Default actually known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 3 contracts
Samples: Indenture (Healthsouth Corp), Healthsouth Corp, Healthsouth Corp
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Riley Exploration Permian, Inc.), KLX Energy Services Holdings, Inc., Berry Petroleum Company, LLC
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by under this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and is actually known to the Trustee, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 3 contracts
Samples: Range Resources (Range Resources Corp), Range Resources (Range Resources Corp), Indenture (Range Resources Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the those rights and powers vested in it by this the Indenture, the Notes and the Security Agreement, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs, including the exercise of the remedies set forth in this Indenture and the Note.
Appears in 3 contracts
Samples: Streicher Mobile Fueling Inc, Indenture (Streicher Mobile Fueling Inc), Streicher Mobile Fueling Inc
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 2 contracts
Samples: Indenture (World Financial Properties L P), World Financial Properties L P
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its 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: Senior Secured Notes Indenture (CIMPRESS PLC), Pledge and Security Agreement (CIMPRESS PLC)
Duties of Trustee. (a) If an Event of Default actually known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their 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 2 contracts
Samples: Supplemental Indenture (Vantiv, Inc.), info.vantiv.com
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, 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: Trust Agreement, Trust Agreement
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its 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: Global Security (Radio One, Inc.), Indenture (Radio One, Inc.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 2 contracts
Samples: Indenture (Sweetheart Holdings Inc \De\), Indenture (Sweetheart Holdings Inc \De\)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, Indenture and any applicable Supplemental Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 2 contracts
Samples: Indenture (Retail Opportunity Investments Partnership, LP), Indenture (Retail Opportunity Investments Partnership, LP)
Duties of Trustee. (a) a. If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 2 contracts
Samples: Tempur Sealy International, Inc., Tempur Sealy International, Inc.
Duties of Trustee. (a) 1. If an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any Series, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 2 contracts
Duties of Trustee. (a1) If an Event of Default has occurred and is continuingcontinuing (and has not been cured or waived in accordance with the terms of this Indenture), the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its 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 (Cit Group Inc), Indenture (CIT Group Funding CO of Canada)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 2 contracts
Samples: Indenture (Inmarsat Holdings LTD), Indenture (Inmarsat Launch CO LTD)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s person‟s own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and is actually known to a Responsible Officer of the Trustee, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairsaffairs under the same circumstances.
Appears in 2 contracts
Samples: California Resources (California Resources Corp), Indenture (California Resources Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingknown to the Trustee (and is not cured), the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 2 contracts
Samples: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group)
Duties of Trustee. (a) If an Event of Default has actually known to the Trustee to have occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its 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