Common use of Replacement of the Trustee Clause in Contracts

Replacement of the Trustee. (a) Prior to the date of a Change of Control, the Trustee may be removed by Cleveland-Cliffs. On or after the date of a Change of Control, the Trustee may be removed at any time by agreement of Cleveland-Cliffs and a majority of the Trust Beneficiaries. The Trustee may resign after providing not less than 90 days' notice to Cleveland-Cliffs and to the Trust Beneficiaries. In case of removal or resignation, a new trustee, which shall be independent and not subject to control of either Cleveland-Cliffs or the Trust Beneficiaries, shall be appointed as shall be agreed by Cleveland-Cliffs and a majority of the Trust Beneficiaries. No such removal or resignation shall become effective until the acceptance of the Trust by a successor trustee designated in accordance with this Section 11. If the Trustee should resign, and within 45 days of the notice of such resignation, Cleveland-Cliffs and the Executives shall not have notified the Trustee of an agreement as to a replacement trustee, the Trustee shall appoint a successor trustee, which shall be a bank or trust company, wherever located, having a capital and surplus of at least $500,000,000 in the aggregate.

Appears in 3 contracts

Samples: Employment Agreement (Cleveland Cliffs Inc), Trust Agreement (Cleveland Cliffs Inc), Trust Agreement (Cleveland Cliffs Inc)

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Replacement of the Trustee. (a) Prior to the date of a Change of Control, the Trustee may be removed by Cleveland-Cliffs. On or after the date of a Change of Control, the Trustee may be removed at any time by agreement of Cleveland-Cliffs and a majority of the Trust BeneficiariesDirectors. The Trustee may resign after providing not less than 90 days' notice to Cleveland-Cliffs and to the Trust BeneficiariesDirectors. In case of removal or resignation, a new trustee, which shall be independent and not subject to control of either Cleveland-Cliffs or the Trust BeneficiariesDirectors, shall be appointed as shall be agreed by Cleveland-Cliffs and a majority of the Trust BeneficiariesDirectors. No such removal or resignation shall become effective until the acceptance of the Trust trust by a successor trustee designated in accordance with this Section 11. If the Trustee should resign, and within 45 days of the notice of such resignation, resignation Cleveland-Cliffs and the Executives Directors shall not have notified the Trustee of an agreement as to a replacement trustee, the Trustee shall appoint a successor trustee, which shall be a bank or trust company, wherever located, having a capital and surplus of at least $500,000,000 in the aggregate.

Appears in 1 contract

Samples: Trust Agreement (Cliffs Natural Resources Inc.)

Replacement of the Trustee. (a) Prior to the date of a Change of Control, the Trustee may be removed by Cleveland-Cliffs. On or after the date of a Change of Control, the Trustee may be removed at any time by agreement of Cleveland-Cliffs and a majority of the Trust BeneficiariesParticipants. The Trustee may resign after providing not less than 90 days' notice to Cleveland-Cliffs and to the Trust BeneficiariesParticipants. In case of removal or resignation, a new trustee, which shall be independent and not subject to control of either Cleveland-Cliffs or the Trust Participants and Beneficiaries, shall be appointed as shall be agreed by Cleveland-Cliffs and a majority of the Trust BeneficiariesParticipants. No such removal or resignation shall become effective until the acceptance of the Trust trust by a successor trustee designated in accordance with this Section 11. If the Trustee should resign, and within 45 days of the notice of such resignation, resignation Cleveland-Cliffs and the Executives Participants shall not have notified the Trustee of an agreement as to a replacement trustee, the Trustee shall appoint a successor trustee, which shall be a bank or trust company, wherever located, having a capital and surplus of at least $500,000,000 in the aggregate.

Appears in 1 contract

Samples: Trust Agreement (Cliffs Natural Resources Inc.)

Replacement of the Trustee. (a) Prior to the date of a Change of Control, the Trustee may be removed by Cleveland-Cliffs. On or after the date of a Change of Control, the Trustee may be removed at any time by agreement of Cleveland-Cliffs and a majority of the Trust Beneficiaries. The Trustee may resign after providing not less than 90 days' notice to Cleveland-Cliffs and to the Trust Beneficiaries. In case of removal or resignation, a new trustee, which shall be independent and not subject to control of either Cleveland-Cliffs or the Trust Beneficiaries, shall be appointed as shall be agreed by Cleveland-Cliffs and a majority of the Trust Beneficiaries. No such removal or resignation shall become effective until the acceptance of the Trust by a successor trustee designated in accordance with this Section 11. If the Trustee should resign, and within 45 days of the notice of such resignation, Cleveland-Cliffs and the Executives shall not have notified the Trustee of an agreement as to a replacement trustee, the Trustee shall appoint a successor trustee, which shall be a bank or trust company, wherever located, having a capital and surplus of at least $500,000,000 in the aggregate.

Appears in 1 contract

Samples: Trust Agreement (Cliffs Natural Resources Inc.)

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Replacement of the Trustee. (a) Prior to the date of a Change of Control, the Trustee may be removed by Cleveland-Cliffs. On or after the date of a Change of Control, the Trustee may be removed at any time by agreement of Cleveland-Cliffs and a majority of the Trust BeneficiariesParticipants. The Trustee may resign after providing not less than 90 days' notice to Cleveland-Cliffs and to the Trust BeneficiariesParticipants. In case of removal or resignation, a new trustee, which shall be independent and not subject to control of either Cleveland-Cleveland Cliffs or the Trust Participants and Beneficiaries, shall be appointed as shall be agreed by Cleveland-Cliffs and a majority of the Trust BeneficiariesParticipants. No such removal or resignation shall become effective until the acceptance of the Trust trust by a successor trustee designated in accordance with this Section 11. If the Trustee should resign, and within 45 days of the notice of such resignation, resignation Cleveland-Cliffs and the Executives Participants shall not have notified the Trustee of an agreement as to a replacement trustee, the Trustee shall appoint a successor trustee, which shall be a bank or trust company, wherever located, having a capital and surplus of at least $500,000,000 in the aggregate.173

Appears in 1 contract

Samples: Employment Agreement (Cleveland Cliffs Inc)

Replacement of the Trustee. (a) Prior to the date of a Change of ControlIrrevocability Date, the Trustee may be removed by Cleveland-Cliffs. On or after the date of a Change of ControlIrrevocability Date, the Trustee may be removed at any time by agreement of Cleveland-Cliffs and a majority of the Trust BeneficiariesExecutives. The Trustee may resign after providing not less than 90 days' notice to Cleveland-Cliffs and to the Trust BeneficiariesExecutives. In case of removal or resignation, resignation a new trustee, which shall be independent and not subject to control of either Cleveland-Cliffs or the Trust Beneficiaries, shall be appointed as shall be agreed by Cleveland-Cliffs and a majority of the Trust BeneficiariesExecutives. No such removal or resignation shall become effective until the acceptance of the Trust trust by a successor trustee designated in accordance with this Section 11. If the Trustee should resign, and within 45 days of the notice of such resignation, resignation Cleveland-Cliffs and the Executives shall not have notified the Trustee of an agreement as to a replacement trustee, the Trustee shall appoint a successor trustee, which shall be a bank or trust company, wherever located, having a capital and surplus of at least $500,000,000 in the aggregate.

Appears in 1 contract

Samples: Trust Agreement (Cliffs Natural Resources Inc.)

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