Duties of Trustee. (a) If a Default or 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 exercise as a prudent Person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 30 contracts
Samples: Tia Indenture (Petsmart Inc), Indenture (Pride Petroleum Services Inc), Indenture and Assumption Agreement (Centennial Cellular Corp)
Duties of Trustee. (a) If a Default or 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 or an indenture supplemental hereto, and use the same degree of care and skill in their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 22 contracts
Samples: Senior Indenture (Navigators Group Inc), PRGX Global, Inc., Indenture (PRGX Global, Inc.)
Duties of Trustee. (a) If a Default or 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 Indenture, 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 his such Person's own affairs.
Appears in 21 contracts
Samples: Indenture (Videotron Ltee), 2000 Loan Agreement (Grey Global Group Inc), Subordination Agreement (Groupe De Divertissement Superclub Inc)
Duties of Trustee. (ai) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 20 contracts
Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 17 contracts
Samples: Indenture (Legacy Reserves Inc.), Indenture (Decisionone Corp /De), Credit Agreement (Massic Tool Mold & Die Inc)
Duties of Trustee. (a) If a Default or 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 person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 17 contracts
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Duties of Trustee. (a) If a Default or 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 his such Person's own affairs.
Appears in 15 contracts
Samples: Indenture (Fairpoint Communications Inc), Warrant Agreement (Iridium Capital Corp), Indenture (Coca Cola Bottling Co Consolidated /De/)
Duties of Trustee. (aA) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 14 contracts
Samples: Indenture (Platinum Group Metals LTD), First Supplemental Indenture (Arris Group Inc), Warrant Agreement (Savient Pharmaceuticals Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing (and has not been cured or waived in accordance with the terms of this Indenture) with respect to Securities of any series, the Trustee shall exercise such of the rights and powers vested in it by this Indenture with respect to such Securities and use the same degree of care and skill in their its exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 13 contracts
Samples: Senior Indenture (Mohawk Industries Inc), Indenture (Transocean RIGP DIN Opco LTD), Mohawk Capital Luxembourg SA
Duties of Trustee. (a) If a Default or 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 thereof as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (Delta Financial Corp), Affinity Group Inc, Affinity Group Holding, Inc.
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingknown to the Trustee (and is not cured), the Trustee 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 their exercise as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 12 contracts
Samples: Circus Finance Ii, Circus Finance Ii, Circus Circus Enterprises Inc
Duties of Trustee. (a) If a Default or 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 same circumstances in the conduct of his own affairs.
Appears in 11 contracts
Samples: Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Biogen Inc.
Duties of Trustee. (a) If a Default or an Event of Default actually known to the Trustee 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 exercise as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 11 contracts
Samples: Indenture (Cast Alloys Inc), Tia Indenture (Mmi Products Inc), Indenture (Neenah Foundry Co)
Duties of Trustee. (a) If a Default or 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 exercise as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 10 contracts
Samples: Indenture (Lin Tv Corp), Indenture (Lin Television Corp), Lin Tv Corp.
Duties of Trustee. (a) If a Default or an Event of Default occurs (and has occurred and is continuing, not been cured) the Trustee shall (i) exercise such of the rights and powers vested in it by this Indenture Indenture, and (ii) use the same degree of care and skill in their exercise exercising such rights and powers as a prudent Person person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 9 contracts
Samples: Indenture (Ameriking Inc), Indenture (Ameriking Inc), Indenture (Gfsi Holdings Inc)
Duties of Trustee. (a1) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise such exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 9 contracts
Samples: Indenture (Icf Kaiser International Inc), Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)
Duties of Trustee. (a) If a Default or 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 same circumstances in the conduct of his or her own affairs.
Appears in 8 contracts
Samples: Indenture (Verastem, Inc.), Indenture (Novavax Inc), And (Ironwood Pharmaceuticals Inc)
Duties of Trustee. (a) If a Default or 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 such exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 8 contracts
Samples: Indenture (U S Home Corp /De/), Indenture (Beazer Homes Texas Lp), Indenture (U S Home Corp /De/)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing of which it has 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 its exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 7 contracts
Samples: Indenture (Curtis Sub Inc), Indenture (Talton Invision Inc), Indenture (Goodman Conveyor Co)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the its rights and powers vested in it by under this Indenture and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 7 contracts
Samples: Indenture (Lucent Technologies Inc), Indenture (Newcourt Credit Group Inc), Chapman And (At&t Capital Corp /De/)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise thereof, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 7 contracts
Samples: Indenture (Listerhill Total Maintenance Center LLC), Indenture (Crum & Forster Holdings Corp), Indenture (Anchor Glass Container Corp /New)
Duties of Trustee. (a) If a Default or an Event of Default which the Trustee has, or is deemed to have, notice hereunder has occurred and is continuing, the Trustee 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 their exercise its exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 7 contracts
Samples: Monitoring and Oversight Agreement (S&c Holdco 3 Inc), Armstrong World Industries Inc, S&c Resale Co
Duties of Trustee. (a) If a Default or 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 shall use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 7 contracts
Samples: Execution Copy (Firstworld Communications Inc), Indenture (McLeodusa Inc), Indenture (PLD Telekom Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights its rights, duties and powers vested in it by under this Indenture and use the same degree of care and skill in their exercise as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 7 contracts
Samples: Indenture (Usa Education Inc), Indenture (U S West Inc /De/), U S West Communications Inc
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances and in the conduct of his own affairs.
Appears in 6 contracts
Samples: Indenture (Central Michigan Distribution Co Lp), Indenture (Spinnaker Industries Inc), Indenture (Source Media Inc)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 6 contracts
Samples: Indenture (German American Bancorp, Inc.), Indenture (German American Bancorp, Inc.), Indenture (LKQ Corp)
Duties of Trustee. (a) If a Default or 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 thereof as a prudent Person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 6 contracts
Samples: Indenture (Garden State Newspapers Inc), Indenture (Gaylord Container Corp /De/), Indenture (Medianews Group Inc)
Duties of Trustee. (a) If a Default or 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 the other Basic Documents and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 5 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Duties of Trustee. (a) If a Default or an Event of Default known to the Trustee has occurred and is continuing, the Trustee 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 their exercise exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 5 contracts
Samples: Mid State Trust Vi, Mid State Trust Vi, Nations Asset Securities Inc
Duties of Trustee. (a) If a Default or 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 exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 5 contracts
Samples: Letter Agreement (Grupo TMM Sa), Grupo (TMM Holdings Sa De Cv), Indenture (Grupo TMM Sa)
Duties of Trustee. (a) If a Default or 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 exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Indenture (Barrington Quincy LLC), Indenture (Airgate PCS Inc /De/), Pledge Agreement (Agw Leasing Co Inc)
Duties of Trustee. (a1) If a Default or an Event of Default has occurred and is continuingcontinuing (and is not cured), 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 person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 4 contracts
Samples: Nortek Inc, Nortek Inc, Nortek Inc
Duties of Trustee. (a1) If a Default or 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 exercise exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (Capstar Hotel Co), Credit Agreement (Meristar Hospitality Corp), Supplemental Indenture (Meristar Hospitality Corp)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the its rights and powers vested in it by this Indenture hereunder and use the same degree of care and skill in their its exercise as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 4 contracts
Samples: Indenture (Natural Microsystems Corp), Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the duties, 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 man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 4 contracts
Samples: Indenture (Imperial Credit Industries Inc), Indenture (Metal Management Inc), Security Agreement (Metal Management Inc)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (APW Supermarkets, Inc.), Indenture (Edison Mission Finance Co), Indenture (Inex Corp)
Duties of Trustee. (a1) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise such exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 3 contracts
Samples: Indenture (Vegeterian Times Inc), Primedia Inc, Vegeterian Times Inc
Duties of Trustee. (a) If a Default or an Event of Default actually known to the Trustee 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 exercise as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 3 contracts
Samples: Supplemental Indenture (Riverwood Holding Inc), Supplemental Indenture (Riverwood Holding Inc), Ric Holding Inc
Duties of Trustee. (a1) If a Default or 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 the Collateral Documents, and use the same degree of care and skill in their exercise exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (Ultimate Electronics Inc), Supplemental Indenture (Prime Hospitality Corp), Indenture (Prime Hospitality Corp)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 their its exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 3 contracts
Samples: Series B Note Agreement (Hanover Direct Inc), Trust Indenture (Wca Waste Corp), Series a Note Agreement (Hanover Direct Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingknown to the Trustee (and is not cured), the Trustee 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 their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Mandalay Resort Group, Mandalay Resort Group
Duties of Trustee. (a) If a Default or 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 Agreement, and use the same degree of care and skill in their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Transmontaigne Inc, Epmr Corp
Duties of Trustee. (a) If a Default or 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 its exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 2 contracts
Samples: Indenture (Claxson Interactive Group Inc), Indenture (Tv Filme Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the duties, rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Samples: Bissell Inc, All American Communications Inc
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Indenture (Hard Rock Hotel Inc), Brand Scaffold Services Inc
Duties of Trustee. (ai) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Indenture (Advance Paradigm Inc), Advancepcs Research LLC
Duties of Trustee. (a) If a Default or 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 Supplemental Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Supplemental Indenture (Istar Financial Inc), Supplemental Indenture (Istar Financial Inc)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If a Default or 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 and use the same degree of care and skill in their its exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Samples: Indenture (Mission Resources Corp), Indenture (Pan American Energy Finance Corp)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person individual would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers power vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Pods Inc), Indenture (Pods Inc)
Duties of Trustee. (aA) If a Default or an Event of Default has occurred and is continuingcontinuing and is actually known to a Responsible Officer of the Trustee, the Trustee 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 their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Equinox Gold Corp., First Majestic Silver Corp
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 2 contracts
Samples: CBD Media LLC, Medvest Holdings Corp
Duties of Trustee. (a) If a Default or 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 person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise such exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 2 contracts
Samples: Indenture (World Color Press Inc /De/), World Color Press Inc /De/
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise thereof, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.. Except during the continuance of an Event of Default:
Appears in 2 contracts
Samples: Indenture (Medis Technologies LTD), Certain Registration Rights Agreement (Terremark Worldwide Inc)
Duties of Trustee. (a1) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his their own affairs.
Appears in 2 contracts
Samples: Indenture (Wavetek U S Inc), Hydrochem International Inc
Duties of Trustee. (a) If a Default or 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 person would exercise or use under the same circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Purchase Agreement (Paxson Communications Corp), Purchase Agreement (Paxson Communications Corp)
Duties of Trustee. (a) If a Default or 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 its exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee Trustee, subject to paragraph (e) below, 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 person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Samples: Kellwood Co
Duties of Trustee. (a) If a Default or 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 his or her own affairs.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.)
Duties of Trustee. (a) If a Default or 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 the Collateral Documents, and use the same degree of care and skill in their exercise its exercise, as a prudent Person man would exercise or use under the circumstances circum-stances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a1) If a Default or 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 person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs."s own affairs.
Appears in 1 contract
Samples: Indenture (Sf Holdings Group Inc)
Duties of Trustee. (a) If a Default or an any Event of Default has occurred and or is continuingongoing, the Trustee shall exercise such of the rights and powers vested in it by the Loan Note Instrument and this Indenture Agreement, and to use the same degree of care and skill in their exercise exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, and is known by a Responsible Officer of the Trustee, the Trustee 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 their exercise its exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Samples: Novelis Inc.
Duties of Trustee. (a1) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any Series of Debt Securities, the Trustee 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 their exercise as to that Series as a prudent Person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 1 contract
Samples: Indenture (Ryder System Inc)
Duties of Trustee. (a) If a Default or 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 the Collateral Documents, and use the same degree of care and skill in their exercise its exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or 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 the Collateral Documents, and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances and in the conduct of his own affairs.
Appears in 1 contract
Samples: Mentus Media Corp
Duties of Trustee. (a1.(a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise thereof, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Samples: Commemorative Brands Inc
Duties of Trustee. (a) If a Default or an Event of Default of which the Trustee has knowledge has occurred and is continuingcontinuing and subject to the terms of the Intercreditor Agreement, the Trustee 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 their exercise its exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 1 contract
Samples: Orbital Sciences Corp /De/
Duties of Trustee. (aA) If a Default or an Event of Default has occurred and is continuingcontinuing and a Responsible Officer of the Trustee has obtained actual knowledge of such Event of Default, the Trustee 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 their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Samples: Indenture (Fortuna Silver Mines Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers power vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Samples: Kti Inc
Duties of Trustee. (a) If a Default or 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 and use the same degree of care and skill in their its exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Samples: Indenture (Abraxas Petroleum Corp)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, of which the Trustee has or is deemed to have notice pursuant to Section 6.1 hereof, the Trustee 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 their exercise exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingnot cured, 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 Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Samples: Interactive Media Corp
Duties of Trustee. (a) If a Default or an Event in the payment of Default the Securities has occurred and is continuing, the Trustee 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 their exercise as a prudent Person person would exercise or use under the circumstances and in the conduct of his own affairs.
Appears in 1 contract
Samples: Appreciation Note Indenture (Central Michigan Distribution Co Lp)
Duties of Trustee. (axiii) If a Default or 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 the other Basic Documents and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Samples: Consumer Portfolio Services Inc
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Samples: Energy West Inc
Duties of Trustee. (a) If a Default or 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 the other Basic Documents and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Samples: Consumer Portfolio Services Inc
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, each of the Trustee and the Collateral Agent 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 their exercise its exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Samples: Perkins & Marie Callender's Inc
Duties of Trustee. (a) If a Default or 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 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 own affairs.
Appears in 1 contract
Samples: Exhibit T3c (Envirosource Inc)
Duties of Trustee. (a) If a Default or 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 any supplemental indenture (including providing for Guarantees of the Senior Notes and any supplemental indenture required pursuant to Section 4.13 hereof) and use the same degree of care and skill in their exercise as a prudent Person person would exercise or use under the same circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing of which it has knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care case and skill in their exercise its exercise, as a prudent Person man would exercise or of use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Samples: Graham Field Health Products Inc
Duties of Trustee. (a) If a Default or 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 person would exercise or use under the circumstances in the conduct of his or her own affairs.. (b) Except during the continuance of an Event of Default:
Appears in 1 contract
Samples: Indenture (Bell Microproducts Inc)
Duties of Trustee. (a) a).....If a Default or 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 Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing of which it has knowledge, 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 person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise of such rights and powers as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, of which the Trustee has notice pursuant to Section 6.1 hereof, the Trustee 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 their exercise exercise, as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or 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 Indenture, and use the same degree of care and skill in their its exercise of such rights and powers, as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Samples: Amf Bowling Worldwide Inc
Duties of Trustee. (a) If a Default or 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 person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Samples: Indenture of Trust (Rotary Power International Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Notes Trustee 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 their exercise as a prudent Person person would exercise or use under the circumstances and in the conduct of his own affairs.
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Duties of Trustee. (aA) If a Default or 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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of his or her own affairs.. Doc#: US1:12666659v9
Appears in 1 contract
Samples: SSR Mining Inc.
Duties of Trustee. (a) If a Default or 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 exercise as a prudent Person would 76 exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Duties of Trustee. (ai) If a Default or 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 exercise as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or 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 exercise as a prudent Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Samples: Pathmark Stores Inc
Duties of Trustee. (a) If a Default or 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 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 own affairs.
Appears in 1 contract
Samples: Envirosource Inc
Duties of Trustee. (a1) If a Default or 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 the Security Documents and use the same degree of care and skill in their its exercise as a prudent Person person would exercise or use under the circumstances circumstanc- es in the conduct of his or her own affairs.
Appears in 1 contract
Samples: Archibald Candy Corp
Duties of Trustee. (a) If a Default or if an Event of Default occurs (and has occurred and is continuing, not been cured) the Trustee shall (i) exercise such of the rights and powers vested in it by this Indenture Indenture, and (ii) use the same degree of care and skill in their exercise exercising such rights and powers as a prudent Person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Samples: Indenture (Jordan Industries Inc)