Common use of Resignation and Removal of Trustee; Appointment of Successor Clause in Contracts

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee or Trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.05. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities Notes in the manner provided in Section 1.05. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series trustee by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending delivery of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security Note or Securities of the applicable series Notes for at least 6 six months may, subject to the requirements of Section 315(e) of the Trust Indenture Act, on behalf of himself such Holder and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving mailing notice of such resignation resignation, to the Holders holders of Securities in of that or those series at their last addresses as they shall appear on the manner provided in Section 1.05Security Register. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee trustee or Trustees trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, petition at the expense of the Company, Company any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder Securityholder who has been a bona fide Holder holder of a Security or Securities of the applicable series for at least 6 months may, subject to Section 6.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities Notes in the manner provided in Section 1.05. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series trustee by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security Note or Securities of the applicable series Notes for at least 6 six months may, subject to the requirements of Section 315(e) of the Trust Indenture Act, on behalf of himself such Holder and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee or Trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.05. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving mailing notice of such resignation resignation, to the Holders holders of Securities in of that or those series at their last addresses as they shall appear on the manner provided in Section 1.05Security Register. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee trustee or Trustees trustees with respect to the applicable series by written instrument executed by order of the Board of DirectorsTrustees, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall ·have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder Securityholder who has been a bona fide Holder holder of a Security or Securities of the applicable series for at least 6 months may·, subject to Section 6.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (aA) The Trustee, or any Trustee or Trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and the Guarantor and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.051.04. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series by written instrument executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee or Trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and the Guarantor and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.05. Upon receiving such notice of resignation, the Guarantor and Company shall use its their commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series by written instrument executed by order of the Board of DirectorsDirectors of the Company or the Guarantor, as the case may be, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.051.04. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee trustee or Trustees trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, Trustee or any Trustee or Trustees successor hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice thereof to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.05Noteholders. Upon receiving such the notice of resignationresignation of the Trustee, the Company Company, if no Default or Event of Default shall use its commercially reasonable efforts to have occurred which shall then be continuing, shall promptly appoint a successor Trustee trustee by a Board Resolution or Trustees with respect to otherwise the applicable series Required Holders shall promptly appoint a successor trustee by written an instrument executed by order of the Board of Directorsin writing, in duplicate in either case, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no instrument of acceptance by a successor Trustee shall have been so appointed with respect delivered to a particular series and have accepted appointment the resigning Trustee within 30 days after the sending giving of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder Noteholder who has been a bona fide Holder holder of a Security Note or Securities of the applicable series Notes for at least 6 six months may, subject to the provisions of SECTION 7.10, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series Series of Securities by giving thirty days prior written notice of such resignation to the Company and by giving notice of such resignation to the Holders of Securities notice thereof in the manner and to the extent provided in subsection (c) of Section 1.055.04 with respect to reports pursuant to subsection (a) of Section 5.04. Upon receiving such notice of resignationresignation and if the Company shall deem it appropriate, evidence satisfactory to it of such mailing to the Holders, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees trustee with respect to all Series of Securities or, if appropriate, the applicable series Series by written instrument executed by order an authorized officer of the Board of DirectorsCompany, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 six months may, subject to the provisions of Section 6.11, on such Holder's behalf and on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.051.04. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee trustee or Trustees trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, subject to the requirements of Section 315(e) of the Trust Indenture Act, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving mailing notice of such resignation resignation, to the Holders holders of Securities in of that or those series at their last addresses as they shall appear on the manner provided in Section 1.05Security Register. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee trustee or Trustees trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder Securityholder who has been a bona fide Holder holder of a Security or Securities of the applicable series for at least 6 months may, subject to Section 6.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee or Trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.05. Upon receiving such notice of resignation, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series Series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Company and to the Guarantor and by giving to the Holders of Securities notice thereof in the manner and to the extent provided in subsection (c) of Section 1.055.04 with respect to reports pursuant to subsection (a) of Section 5.04. Upon receiving such notice of resignationresignation and if the Company or the Guarantor shall deem it appropriate, evidence satisfactory to it of such mailing to the Holders, the Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees trustee with respect to all Series of Securities or, if appropriate, the applicable series Series by written instrument executed by order an authorized officer of the Board of DirectorsCompany, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series any Series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series Series for at least 6 six months may, subject to the provisions of Section 6.11, on such Holder’s behalf and on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee or Trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities in the manner provided in Section 1.05. Upon receiving such notice of resignation, the ACTIVE 255643008v.4 Company shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Holder who has been a bona fide Holder of a Security or Securities of the applicable series for at least 6 months may, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series Series of Subordinated Securities by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Corporation and by giving to the Holders of Subordinated Securities notice thereof in the manner and to the extent provided in subsection (c) of Section 1.055.4 with respect to reports pursuant to subsection (a) of Section 5.4. Upon receiving such notice of resignationresignation and, if the Corporation shall deem it appropriate, evidence satisfactory to it of such mailing to the Holders, the Company Corporation shall use its commercially reasonable efforts to promptly appoint a successor Trustee or Trustees trustee with respect to all Series of Subordinated Securities or, if appropriate, the applicable series Series by written instrument executed by order an authorized officer of the Board of DirectorsCorporation, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Subordinated Security or Subordinated Securities of the applicable series for at least 6 six months may, subject to the provisions of Section 6.11, on such Holder's behalf and on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Resignation and Removal of Trustee; Appointment of Successor. (a) The Trustee, or any Trustee trustee or Trustees trustees hereafter appointed, may at any time resign with respect to any one or more or all series of Securities Bonds by giving thirty days prior written notice to the Company and by giving notice of such resignation to the Holders of Securities Bonds in the manner provided in Section 1.051.6. Upon receiving such notice of resignation, the Company company shall use its commercially reasonable efforts to promptly appoint a successor Trustee trustee or Trustees trustees with respect to the applicable series by written instrument executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to a particular series and have accepted appointment within 30 days after the sending mailing of such notice of resignation, the resigning Trustee trustee may petition, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Holder who has been a bona fide Holder of a Security Bond or Securities Bonds of the applicable series for at least 6 months may, subject to the requirements of Section 315(e) of the Trust Indenture Act, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.