Common use of Removal of Trustee Clause in Contracts

Removal of Trustee. The Trustee shall be removed by notice in writing delivered by the Corporation to the Trustee in the event that, at any time, the Trustee shall no longer satisfy all of the requirements in Section 6.6, or shall be declared bankrupt or insolvent, or shall enter into liquidation, whether compulsory or voluntary (and not being merely a voluntary liquidation for the purposes of amalgamation or reconstruction), or if the assets of the Trustee shall otherwise become liable to seizure or confiscation by any public or governmental authority, or if the Trustee shall otherwise become incapable of performing, or shall fail in any material respect to perform its responsibilities under this Indenture or as a result of a material increase in the fees charged by the Trustee. No decision to remove a Trustee under this Section 6.3 shall become effective until (i) approved by a Special Resolution at a meeting of Unitholders duly called for that purpose (ii) the appointment of, and acceptance of such appointment by, a new Trustee under Section 6.4 in the place of the Trustee to be removed, and (iii) the legal and valid assumption by the new Trustee of all obligations of the Trustee related hereto in the same capacities as the resigning Trustee.

Appears in 3 contracts

Samples: Trust Indenture (Harvest Energy Trust), Trust Indenture (Harvest Energy Trust), Trust Indenture (Harvest Energy Trust)

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Removal of Trustee. The Trustee shall be removed by notice in writing delivered by the Corporation to the Trustee in the event that, at any time, the Trustee shall no longer satisfy all of the requirements in Section 6.6, or shall be declared bankrupt or insolvent, or shall enter into liquidation, whether compulsory or voluntary (and not being merely a voluntary liquidation for the purposes of amalgamation or reconstruction), or if the assets of the Trustee shall otherwise become liable to seizure or confiscation by any public or governmental authority, or if the Trustee shall otherwise become incapable of performing, or shall fail in any material respect to perform its responsibilities under this Indenture or as a result of a material increase in the fees charged by the Trustee. No decision to remove a Trustee under this Section 6.3 shall become effective until (i) approved by a Special Resolution at a meeting of Unitholders duly called for that purpose purpose, (ii) the appointment of, and acceptance of such appointment by, a new Trustee under Section 6.4 in the place of the Trustee to be removed, and (iii) the legal and valid assumption by the new Trustee of all obligations of the Trustee related hereto in the same capacities as the resigning Trustee.

Appears in 1 contract

Samples: Trust Indenture (Baytex Energy Trust)

Removal of Trustee. The Trustee may be removed at any time by Special Resolution of the Unitholders. The Trustee shall be removed by notice in writing delivered by the Corporation to the Trustee in the event that, that at any time, the Trustee shall no longer satisfy all of the requirements in Section 6.67.6, or shall be declared bankrupt or insolvent, or shall enter into liquidation, whether compulsory or voluntary (and not being merely a voluntary liquidation for the purposes of amalgamation or reconstruction), or if the assets of the Trustee shall otherwise become liable to seizure or confiscation by any public or governmental authority, or if the Trustee shall otherwise become incapable of performing, or shall fail in any material respect to perform its responsibilities under this Indenture or as a result of a material increase in the fees charged by the Trustee. No decision to remove a the Trustee under this Section 6.3 7.3 shall become effective until (i) approved by a Special Resolution at a meeting of Unitholders duly called for that purpose purpose, (ii) the appointment of, and acceptance of such appointment by, a new Trustee under Section 6.4 7.4 in the place of the Trustee to be removed, and (iii) the legal and valid assumption by the new Trustee of all obligations of the Trustee related hereto in the same capacities as the resigning TrusteeTrustee which is to be removed.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

Removal of Trustee. The Trustee shall be removed by notice in writing delivered by the Corporation to the Trustee in the event that, that at any time, the Trustee shall no longer satisfy all of the requirements in Section 6.67.6, or shall be declared bankrupt or insolvent, or shall enter into liquidation, whether compulsory or voluntary (and not being merely a voluntary liquidation for the purposes of amalgamation or reconstruction), or if the material assets of the Trustee shall otherwise become liable to seizure or confiscation by any public or governmental authority, or if the Trustee shall otherwise become incapable of performing, or shall fail in any material respect to perform its responsibilities under this Indenture or as a result (after receiving five Business Days notice of a material increase in the fees charged by the Trusteesuch failure to perform and an opportunity to cure such failure to perform during such notice period). No decision to remove a the Trustee under this Section 6.3 7.3 shall become effective until (i) approved by a Special Resolution at a meeting of Unitholders duly called for that purpose purpose, (ii) the appointment of, and acceptance of such appointment by, a new Trustee under Section 6.4 7.4 in the place of the Trustee to be removed, and (iii) the legal and valid assumption by the new Trustee of all obligations of the Trustee related hereto in the same capacities as the resigning TrusteeTrustee which is to be removed.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

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Removal of Trustee. The Trustee shall be removed by notice in writing delivered by the Corporation to the Trustee in the event that, that at any time, the Trustee shall no longer satisfy all of the requirements in Section 6.6, or shall be declared bankrupt or insolvent, or shall enter into liquidation, whether compulsory or voluntary (and not being merely a voluntary liquidation for the purposes of amalgamation or reconstruction), or if the material assets of the Trustee shall otherwise become liable to seizure or confiscation by any public or governmental authority, or if the Trustee shall otherwise become incapable of performing, or shall fail in any material respect to perform its responsibilities under this Indenture or as a result (after receiving five Business Days notice of a material increase in the fees charged by the Trusteesuch failure to perform and an opportunity to cure such failure to perform during such notice period). No decision to remove a the Trustee under this Section 6.3 shall become effective until (i) approved by a Special Resolution at a meeting of Unitholders duly called for that purpose purpose, (ii) the appointment of, and acceptance of such appointment by, a new Trustee under Section 6.4 in the place of the Trustee to be removed, and (iii) the legal and valid assumption by the new Trustee of all obligations of the Trustee related hereto in the same capacities as the resigning TrusteeTrustee which is to be removed.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

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