Common use of Duties of Trustee Clause in Contracts

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)

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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

Samples: Seven Seas Petroleum Inc, Laroche Industries 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 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

Samples: Paramount Resources LTD, Paramount Resources LTD

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.)

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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

Samples: Indenture (Casino Magic of Louisiana 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 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 (Bellwether Exploration 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 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

Samples: Additional Agreement (GVC Holdings PLC)

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

Samples: Indenture (Hyperion Telecommunications 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 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

Samples: Indenture (Sentinel Financing LTD Lp)

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

Samples: Indenture (Superior Telecommunications Inc)

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

Samples: Indenture (Fields MRS Original Cookies Inc)

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

Samples: Indenture (Alaris Medical Systems 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 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: Indenture (Amf Bowling Worldwide Inc)

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

Samples: Indenture (Sentinel Financing LTD Lp)

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

Samples: Diagnostic Pathology Management 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 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: Merger Agreement (Amc Entertainment 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 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)

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