Common use of Resignation of Trustee Clause in Contracts

Resignation of Trustee. (a) The Trustee shall have the right to resign as Trustee hereunder at any time by notice to the Trust Interest holders, such resignation to be effective at such time as a successor Trustee accepts this Agreement pursuant to Section 14.(c). (b) In the event of the resignation or inability of the Trustee to serve for any reason, the successor to the Trustee shall be the person appointed by the Trustee to serve as successor to the Trustee. Should the Trustee cease to serve without having appointed a successor, the holders of Trust Interests shall hold a meeting within sixty (60) days after the death of the Trustee for the purpose of electing a successor, or as soon thereafter as practicable. Notice of such meeting shall be delivered to each Trust Interest holder not less than ten (10) days prior thereto. The successor to the Trustee shall be the person appointed by the affirmative vote of the holders of a majority of the then outstanding Trust Interests. (c) Any person appointed as a successor Trustee hereunder shall become a Trustee only upon written acceptance of this Agreement and the rights, powers, duties and obligations of the Trustee hereunder, and the delivery of such acceptance to the preceding Trustee (if then living) and the Trust Interest holders. Each successor Trustee shall have the same rights, powers, duties and obligations as the Trustee whom such successor succeeds.

Appears in 5 contracts

Samples: Trust Agreement (Global Casinos Inc), Trust Agreement (Basic Technologies Inc), Trust Agreement (Onsource Corp)

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Resignation of Trustee. (a) The Trustee shall have the right to resign as Trustee hereunder at any time by notice to the Trust Interest holders, such resignation to be effective at such time as a successor Trustee accepts this Agreement pursuant to Section 14.(c13 (c). (b) In the event of the resignation or inability of the Trustee to serve for any reason, the successor to the Trustee shall be the person appointed by the Trustee to serve as successor to the Trustee. Should the Trustee cease to serve without having appointed a successor, the holders of Trust Interests shall hold a meeting within sixty (60) days after the death of the Trustee for the purpose of electing a successor, or as soon thereafter as practicable. Notice of such meeting shall be delivered to each Trust Interest holder not less than ten (10) days prior thereto. The successor to the Trustee shall be the person appointed by the affirmative vote of the holders of a majority of the then outstanding Trust Interests. (c) Any person appointed as a successor Trustee hereunder shall become a Trustee only upon written acceptance of this Agreement and the rights, powers, duties and obligations of the Trustee hereunder, and the delivery of such acceptance to the preceding Trustee (if then living) and the Trust Interest holders. Each successor Trustee shall have the same rights, powers, duties and obligations as the Trustee whom such successor succeeds.

Appears in 2 contracts

Samples: Trust Agreement (Transit Management Holding Corp), Trust Agreement (Imagine Media LTD)

Resignation of Trustee. (a) The Trustee shall have the right to resign as Trustee hereunder at any time by notice to WYOG and the Trust Interest holders, such resignation to be effective at such time as a successor Trustee accepts the terms of this Agreement pursuant to Section 14.(c14(c). (b) In the event of the resignation or inability of the Trustee to serve for any reason, the successor to the Trustee shall be the person appointed by the Trustee to serve as successor to the Trustee. Should the Trustee cease to serve or become incapacitated without having appointed a successor, the holders of Trust Interests shall hold a meeting within sixty (60) days after the death of the Trustee ceases to serve or is incapacitated for the purpose of electing a successorsuccessor Trustee, or as soon thereafter as practicable. Notice of such meeting shall be delivered to each Trust Interest holder not less than ten (10) days prior thereto. The In that event, the successor to the Trustee shall be the person appointed by the affirmative vote of the holders of a majority of the then outstanding Trust Interests. (c) Any person appointed as a successor Trustee hereunder shall become a Trustee only upon written acceptance of and agreement to be bound by, the terms and conditions of this Agreement and the rights, powers, duties and obligations of the Trustee hereunder, and the delivery of such acceptance to the preceding Trustee (Trustee, if then living) reasonably possible, and the Trust Interest holders. Each successor Trustee shall have the same rights, powers, duties and obligations as the Trustee whom such successor succeeds.

Appears in 2 contracts

Samples: Trust Agreement (New Frontier Energy Inc), Trust Agreement (New Frontier Energy Inc)

Resignation of Trustee. (a) The Trustee may resign at any time by giving not less than 90 days’ written notice thereof to the Beneficiary and to the Grantor, such resignation to become effective on the acceptance of appointment by a successor Trustee and the transfer to such successor Trustee of all Assets in the Trust Account in accordance with paragraph (b) of this Section 6.01. (b) Upon receipt of the Trustee’s notice of resignation, the Grantor and the Beneficiary shall promptly appoint a successor Trustee. Any successor Trustee shall be a bank that is a member of the Federal Reserve System and shall not be a parent, a subsidiary or an affiliate of the Grantor or the Beneficiary. Upon the acceptance of the appointment as Trustee hereunder by a successor Xxxxxxx and the transfer to such successor Trustee of all Assets in the Trust Account, the resignation of the Trustee shall become effective. Thereupon, such successor Trustee shall succeed to and become vested with all the rights, powers, privileges and duties of the resigning Trustee, and the resigning Trustee shall be discharged from any future duties and obligations under this Agreement, but the resigning Trustee shall continue after such resignation to be entitled to the benefits of the indemnities provided herein for the Trustee. The resigning Trustee shall have the right to resign as Trustee hereunder at any time by notice to demand a final accounting of the Trust Interest holders, such resignation to be effective at such time as a successor Trustee accepts this Agreement pursuant to Section 14.(c)Account. (b) In the event of the resignation or inability of the Trustee to serve for any reason, the successor to the Trustee shall be the person appointed by the Trustee to serve as successor to the Trustee. Should the Trustee cease to serve without having appointed a successor, the holders of Trust Interests shall hold a meeting within sixty (60) days after the death of the Trustee for the purpose of electing a successor, or as soon thereafter as practicable. Notice of such meeting shall be delivered to each Trust Interest holder not less than ten (10) days prior thereto. The successor to the Trustee shall be the person appointed by the affirmative vote of the holders of a majority of the then outstanding Trust Interests. (c) Any person appointed as a successor Trustee hereunder shall become a Trustee only upon written acceptance of this Agreement and the rights, powers, duties and obligations of the Trustee hereunder, and the delivery of such acceptance to the preceding Trustee (if then living) and the Trust Interest holders. Each successor Trustee shall have the same rights, powers, duties and obligations as the Trustee whom such successor succeeds.

Appears in 1 contract

Samples: Quota Share Reinsurance Agreement (Employers Holdings, Inc.)

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Resignation of Trustee. (a) The initial Trustee shall have the right to may resign as Trustee hereunder at any time by giving not less than three (3) months prior written notice to the Trust Interest holders, Oversight Committee and such resignation to shall be effective at upon the later of the date provided in such time as notice and three (3) months after the date such written notice is received by the Oversight Committee, whether or not a successor Trustee accepts this Agreement pursuant has, as of such date, accepted his, her or its appointment as successor Trustee, unless the Trustee agrees in its sole discretion to Section 14.(c). (b) remain as Trustee beyond the expiration of such three month period. In the event case of the resignation or inability of the Trustee, a successor Trustee to serve for any reasonmay be appointed by the Oversight Committee without the approval of the Court, and shall be appointed by the successor Oversight Committee as promptly as possible, by an instrument in writing, signed and acknowledged on behalf of the Oversight Committee and delivered to the resigning Trustee, whereupon such resigning Trustee shall convey, transfer, and set over to such successor Trustee by appropriate instrument or instruments all of the Trust Property then not yet conveyed or otherwise undisposed of and all other assets then in the resigning Trustee’s possession and held in the Trust. Court approval shall not be required for the appointment of such a successor Trustee. The successor Trustee shall thereupon be vested with all the rights, privileges, powers, and duties of the Trustee. Each subsequent Trustee may resign and another may be appointed in its place in accordance with the terms of employment of any subsequent Trustee. Such subsequent Trustee shall be the person appointed bound by the Trustee to serve as successor this Trust Agreement to the Trustee. Should same extent as the former Trustee cease to serve without having appointed a successor, the holders of Trust Interests shall hold a meeting within sixty (60) days after the death of the except as otherwise expressly agreed between such subsequent Trustee for the purpose of electing a successor, or as soon thereafter as practicable. Notice of such meeting shall be delivered to each Trust Interest holder not less than ten (10) days prior thereto. The successor to the Trustee shall be the person appointed by the affirmative vote of the holders of a majority of the then outstanding Trust Interests. (c) Any person appointed as a successor Trustee hereunder shall become a Trustee only upon written acceptance of this Agreement and the rights, powers, duties and obligations of the Trustee hereunder, and the delivery of such acceptance to the preceding Trustee (if then living) and the Trust Interest holders. Each successor Trustee shall have the same rights, powers, duties and obligations as the Trustee whom such successor succeedsOversight Committee.

Appears in 1 contract

Samples: Liquidation Trust Agreement (Trust for Certain Creditors of Consolidated Freightways CORP & Certain Affiliates)

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