Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 5 contracts
Samples: Indenture (Bluegreen Vacations Holding Corp), BXG Receivables Note (Bluegreen Vacations Holding Corp), Indenture (BBX Capital Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 4 contracts
Samples: BXG Receivables Note (BFC Financial Corp), Indenture (BBX Capital Corp), BXG Receivables Note (BFC Financial Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, Servicer and the Issuer, each Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% a majority of the Adjusted Outstanding Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agencythe Agent, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 4 contracts
Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp), BXG Timeshare (Bluegreen Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency the Noteholders, the Purchasers and the NoteholdersAdministrative Agent. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee meeting the requirements of Section 7.7 hereof not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes Administrative Agent within 30 days after prior written notice, by written instrument, with a copy in quintuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 3 contracts
Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts Corp), Indenture (Diamond Resorts Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each the Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each the Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 3 contracts
Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp), Bluegreen Corp
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency Issuer and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3more than 51% of the Adjusted then Aggregate Outstanding Note Balance of each Class of Notes within 30 days after prior written of such notice, by written instrument, with a copy in quintuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 3 contracts
Samples: Indenture (Diamond Resorts International, Inc.), Diamond Resorts International, Inc., Indenture (Diamond Resorts Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ prior written notice thereof to the Servicer, the Issuer, each the Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each the Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 3 contracts
Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Silverleaf Resorts Inc
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ ' written notice thereof to the Servicer, the Issuer, each the Rating Agency Agencies, the Noteholder and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each the Rating AgencyAgencies, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 2 contracts
Samples: Indenture (Bluegreen Corp), Bluegreen Corp
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each 66 Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 2 contracts
Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency Issuer and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3more than 51% of the Adjusted then Outstanding Note Balance of each Class of Notes within 30 days after prior written of such notice, by written instrument, with a copy in quintuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 2 contracts
Samples: Indenture (Diamond Resorts Parent, LLC), Indenture (Diamond Resorts Parent, LLC)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ ' written notice thereof to the Servicer, the Issuer, each the Rating Agency Agencies and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each the Rating AgencyAgencies, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: BXG Receivables (Bluegreen Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ ' written notice thereof to the Servicer, the Issuer, each the Agent and the Rating Agency and (to the Noteholdersextent any Class of Notes are rated). Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Outstanding Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agencythe Agent, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ ' written notice thereof to the Servicer, the Issuer, each the Agent and the Rating Agency and (to the Noteholdersextent any Class of Notes are rated). Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% a majority of the Adjusted Outstanding Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agencythe Agent, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Indenture (Bluegreen Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency the Noteholders, the Purchasers and the NoteholdersAdministrative Agent. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee meeting the requirements of Section 7.7 hereof not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes Administrative Agent within 30 days after prior written notice, by written instrument, with a copy in quintuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and Trustee, the predecessor Indenture Trustee. Trustee and S&P. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency Issuer and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Aggregate Outstanding Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in quintuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Bluegreen Corp
Resignation or Removal of Indenture Trustee. (a) The a)The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture 63 Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Indenture (BFC Financial Corp)
Resignation or Removal of Indenture Trustee. (a) a. The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ ' prior written notice thereof to the Servicer, the Issuer, each Rating Agency Issuer and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders Holders representing at least more than 66-2/3% of the Adjusted Outstanding Note Balance of each the most senior Class of Notes then Outstanding, within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agencythe Noteholders, the Noteholdersholder of the Residual Certificate, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Silverleaf Resorts Inc
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, the Noteholders and each of the Rating Agency and the NoteholdersAgencies. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/351% of the Adjusted Outstanding Note Balance of each Class of Notes then Outstanding within 30 days after prior written notice, by written instrument, with a copy in quintuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Indenture (Sunterra Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ prior written notice thereof to the Servicer, the Issuer, each the Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes then Outstanding within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each the Rating Agency, the Noteholders, the holder of the Residual Certificate, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Indenture (Silverleaf Resorts Inc)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ ' written notice thereof to the Servicer, the Issuer, each the Rating Agency Agencies, the Noteholder and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which installment shall be delivered to each of the Issuer, the Servicer, each the Rating AgencyAgencies, the Noteholders, the successor Indenture indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: BXG Receivables (Bluegreen Corp)
Resignation or Removal of Indenture Trustee. (a) The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ prior written notice thereof to the Servicer, the Issuer, each Rating Agency Issuer and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders Holders representing at least more than 66-2/3% of the Adjusted Outstanding Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agencythe Noteholders, the Noteholdersholder of the Residual Certificate, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Silverleaf Resorts Inc
Resignation or Removal of Indenture Trustee. (a) The a)The Indenture Trustee may at any time resign and be discharged with respect to the Notes by giving 60 days’ written notice thereof to the Servicer, the Issuer, each Rating Agency and the Noteholders. Upon receiving such notice of resignation, the Issuer shall promptly appoint a successor Indenture Trustee not objected to by Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes within 30 days after prior written notice, by written instrument, with a copy in sextuplicate, one counterpart of which instrument shall be delivered to each of the Issuer, the Servicer, each Rating Agency, the Noteholders, the successor Indenture Trustee and the predecessor Indenture Trustee. If no successor Indenture Trustee shall have been so appointed and have accepted appointment within 60 days after the giving of such notice of resignation, the resigning Indenture Trustee may petition any court of competent jurisdiction for the appointment of a successor Indenture Trustee.
Appears in 1 contract
Samples: Indenture (BBX Capital Corp)