Common use of Resignation by the Trustee Clause in Contracts

Resignation by the Trustee. The Trustee and any successor Trustee may at any time resign from the trusts hereby created by giving forty-five (45) days’ written notice by registered or certified mail, return receipt requested, to the Issuer, the Borrower and the owner of each Bond, and such resignation shall take effect at the end of such forty-five (45) days (or upon the earlier appointment of a successor Trustee by the Bondholders or by the Issuer) provided that a successor Trustee has been appointed and has accepted such appointment pursuant to Sections 10.05 and 10.08 hereof. If no successor Trustee shall have been so appointed and shall have accepted appointment within forty-five (45) days of the giving of notice by the resigning Trustee, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 2 contracts

Samples: Trust Indenture (First United Ethanol LLC), Trust Indenture (First United Ethanol LLC)

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Resignation by the Trustee. The Trustee and any successor Trustee may may, at any time time, resign from the trusts hereby created and be discharged of its duties and obligations under this Indenture by giving forty-five not less than thirty (4530) days’ days written notice to the Company and the Issuer and, by registered or certified first-class mail, return receipt requested, to the Issuer, the Borrower and the owner each registered Holder of each Bond, and such Bonds then Outstanding. Such resignation shall take effect at the end of such forty-five (45) days (or upon the earlier appointment of date specified in such notice, provided, however, that in no event shall such a resignation take effect until a successor Trustee by the Bondholders or by the Issuer) provided that a successor temporary Trustee has been appointed and has accepted such appointment pursuant to Sections 10.05 and 10.08 Section 8.08 hereof. If no successor Trustee shall have been so appointed and shall have accepted appointment within forty-five (45) days of the giving of notice by the resigning Trustee, the resigning The Trustee may petition any a court of competent jurisdiction for the appointment of to have a successor TrusteeTrustee appointed hereunder.

Appears in 2 contracts

Samples: Indenture of Trust (Weirton Steel Corp), Indenture of Trust (Weirton Steel Corp)

Resignation by the Trustee. The Trustee and any successor Trustee may at any time resign from the trusts hereby created by giving forty-five xxxxx (4560) days’ days written notice Notice by registered or certified mail, return receipt requested, Mail to the Issuer, the Borrower Company, the Credit Bank and the owner holder of each BondBond at that time, and such resignation shall take effect at the end of such forty-five (45) days (or upon the earlier appointment of a successor Trustee pursuant to the provisions of Section 8.9 of this Indenture and acceptance by the Bondholders or by the Issuer) provided that a successor Trustee has been appointed and has accepted of such appointment pursuant to Sections 10.05 and 10.08 hereoftrusts. If no successor Trustee shall have been so appointed and shall have accepted appointment within forty-five sixty (4560) days of the giving of written notice by the resigning TrusteeTrustee as aforesaid, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor TrusteeXxxxxxx.

Appears in 1 contract

Samples: Indenture of Trust (Enron Corp/Or/)

Resignation by the Trustee. The Trustee and any successor Trustee may at any time resign from the trusts hereby created by giving forty-five thirty (4530) days’ written notice by registered or certified mail, return receipt requested, to the Issuer, the Bondholder Representative, and the Borrower and by first-class mail to each Holder as shown on the owner of each BondBond Register, and such resignation shall take effect at the end of such forty-five (45) days (or upon the earlier appointment of a successor Trustee by the Bondholders or by the Issuer) provided that a successor Trustee has been appointed and has accepted such appointment pursuant to Sections 10.05 and 10.08 hereof. If no successor Trustee shall have been so appointed and shall have accepted appointment within forty-five (45) days of the giving of notice by the resigning Trustee, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.Xxxxxxx as provided in Section 9.8 hereof. Such notice to the Issuer, the Bondholder Representative, or the Borrower may be served personally or sent by registered or certified mail, or overnight courier. In the event no successor Trustee is appointed, the Trustee may petition a court of competent jurisdiction to appoint a successor Trustee.‌

Appears in 1 contract

Samples: Trust Indenture

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Resignation by the Trustee. The Trustee and any successor Trustee may may, at any time time, resign from the trusts hereby created and be discharged of its duties and obligations under this Indenture by giving forty-five not less than thirty (4530) days’ days written notice to the Company and the Issuer and, by registered or certified first-class mail, return receipt requested, to the Issuer, the Borrower and the owner each registered Holder of each Bond, and such Bonds then Outstanding. Such resignation shall take effect at the end of such forty-five (45) days (or upon the earlier appointment of date specified in such notice, provided, however, that in no event shall such a successor Trustee by the Bondholders or by the Issuer) provided that resignation take effect until a successor Trustee has been appointed and has accepted such appointment pursuant to Sections 10.05 and 10.08 Section 8.08 hereof. If no successor Trustee shall have been so appointed and shall have accepted appointment within forty-five (45) days of the giving of notice by the resigning Trustee, the resigning The Trustee may petition any a court of competent jurisdiction for the appointment of to have a successor TrusteeTrustee appointed hereunder.

Appears in 1 contract

Samples: Indenture of Trust (Weirton Steel Corp)

Resignation by the Trustee. The Trustee and any successor Trustee may at any time resign from the trusts hereby created by giving forty-five (45) 60 days’ written notice by registered or certified mail, return receipt requested, to the Issuer, Issuer and to the Borrower Company and the to each owner of each BondBonds as shown by the registration books required by Section 209 hereof, and such resignation shall take effect at the end of such forty-five (45) days (or upon the earlier appointment of a successor Trustee pursuant to the provisions of Section 1008 hereof and acceptance by the Bondholders or by the Issuer) provided that a successor Trustee has been appointed and has accepted of such appointment pursuant to Sections 10.05 and 10.08 hereoftrusts. If no successor Trustee shall have been so appointed and shall have accepted appointment within forty-five (45) 60 days of the giving of written notice by the resigning TrusteeTrustee as aforesaid, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 1 contract

Samples: Indenture of Trust (Intrepid Technology & Resources, Inc.)

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