Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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. (a) In case at any time any of the following shall occur: (i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months; (ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or (iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee. (b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee. (c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 11 contracts
Samples: Indenture (AMC Networks Inc.), Indenture (Sphere Entertainment Co.), Indenture (Royal Caribbean Cruises LTD)
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more or all series by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note RegisterCompany. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee with respect to the applicable series by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holdersresignation, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, jurisdiction for the appointment of a successor trustee at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 within a reasonable time 7.08 with respect to any series of Securities after written request therefor by the Company or by any Holder securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities of such series for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 with respect to any series of Securities and shall fail to resign after written request therefor by the Company or by any such Holdersecurityholder, or
(iii3) the Trustee shall become incapable of actingacting with respect to any series of Securities, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee with respect to the applicable series of Securities and appoint a successor trustee with respect to such series by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.14, any Holder securityholder of such series who has been a bona fide holder of a Note Security or Notes Securities of the applicable series for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trusteetrustee with respect to such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders Upon 30 days’ prior written notice, the holders of a majority in aggregate principal amount of the Notes Securities of all series (voting as one class) at the time outstanding Outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee with respect to Securities of all series and nominate appoint a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice with respect to the Company Securities of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteeall series.
(cd) Any resignation or removal of the Trustee and any appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment the appointment of all fees a successor trustee and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 8 contracts
Samples: Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Hanmi Financial Corp)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) monthsmonths (or such shorter period of time as shall have elapsed since the date of this Indenture);
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or such shorter period of time as shall have elapsed since the date of this Indenture) may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 6 contracts
Samples: Indenture (MACOM Technology Solutions Holdings, Inc.), Indenture (Itron, Inc.), Indenture (TechTarget Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ (10) business days' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.117.9, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.8 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.9 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.9, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Noteholders has removed the Trustee, the Trustee so removed may petition any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 6 contracts
Samples: Indenture (Riverstone Networks Inc), Indenture (Lattice Semiconductor Corp), Indenture (At Home Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of Notes at their addresses as they shall appear on the Note Registerregister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.9, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 8.8 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.9 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.9, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 5 contracts
Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Sportsline Usa Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.11, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.11, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 5 contracts
Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD), Indenture (Alliance Data Systems Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company Issuer and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company Issuer and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the CompanyIssuer, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.119.16, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company Issuer or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company Issuer or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company Issuer may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.119.16, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Issuer or the Holders has removed the Trustee, the Trustee so removed may petition at the Issuer’s expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company Issuer of such nomination nomination, the Company Issuer objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, or if such Trustee so removed or any Holder fails to act, the Trustee may, at the expense of the CompanyIssuer, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 5 contracts
Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Amarin Corp Plc\uk), Indenture (Jazz Pharmaceuticals PLC)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company Issuer and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Debt Securities. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company Issuer and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the CompanyIssuer, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes Debt Security for at least six months may, subject to the provisions of Section 6.116.09 hereof, on behalf of himself itself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 7.08 hereof after written request therefor by the Company Issuer or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes Debt Security for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 hereof and shall fail to resign after written request therefor by the Company Issuer or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company Issuer may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.09 hereof, any Holder Noteholder who has been a bona fide holder of a Note or Notes Debt Security for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) calendar days after either the Issuer or the Holders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of the Issuer, any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.11 hereof.
(d) Notwithstanding the replacement of the Trustee pursuant to this Section 7.10, the Issuer’s obligations under Section 7.06 hereof shall continue for the benefit of the retiring Trustee.
Appears in 5 contracts
Samples: Subordinated Indenture (Healthcare Realty Holdings, L.P.), Subordinated Indenture (Healthcare Realty Holdings, L.P.), Senior Indenture (Healthcare Realty Holdings, L.P.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days days’ prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 thirty (30) days after the mailing of such notice of resignation is given to the Company and the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionHolders may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.116.15, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.08 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.09 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee by 30 days’ written notice and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.15, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment thirty (30) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at the Company’s expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding Outstanding may at any time, with time remove the Trustee upon 30 days days’ prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.11.
Appears in 5 contracts
Samples: Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself itself 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 4 contracts
Samples: Indenture (Uniti Group Inc.), Indenture (Galaxy Digital Holdings Ltd.), Indenture (Galaxy Digital Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to time remove the Trustee by so notifying the Trustee and the Company, remove Company in writing not less than 30 days prior to the Trustee effective date of such removal and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 4 contracts
Samples: Indenture (Medicines Co /De), Indenture (PTC Therapeutics, Inc.), Indenture (Medicines Co /De)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 thirty (30) days after the mailing of such notice of resignation is given to the Company and the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.116.15, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.08 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.09 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.15, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment thirty (30) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at the Company’s expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding Outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.11.
Appears in 4 contracts
Samples: Indenture (Teligent, Inc.), Indenture (Teligent, Inc.), Indenture (Teligent, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 7.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 4 contracts
Samples: Indenture (Sirius Xm Holdings Inc.), Indenture (Liberty Media Corp), Indenture (Ascent Capital Group, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ ' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.118.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 9.08 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 9.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.118.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Noteholders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 9.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 9.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.109.11.
(e) Notwithstanding the replacement of the Trustee pursuant to this Section, the Company's obligations under Section 9.06 shall continue for the benefit of the retiring Trustee.
Appears in 4 contracts
Samples: Indenture (Celgene Corp /De/), Indenture (Atherogenics Inc), Indenture (Advanced Medical Optics Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten 10 Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.118.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 10.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 10.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.118.13, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten 10 days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 10.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1010.12.
Appears in 4 contracts
Samples: First Supplemental Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Amyris, Inc.)
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more or all series by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note RegisterCompany. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee with respect to the applicable series by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holdersresignation, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself and all others similarly situated, petition any such court jurisdiction 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with the provisions of subsection (a) of Section 7.13 within a reasonable time 7.08 with respect to any series of Securities after written request therefor by the Company or by any Holder securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities of such series for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 with respect to any series of Securities and shall fail to resign after written request therefor by the Company or by any such Holdersecurityholder, or
(iii3) the Trustee shall become incapable of actingacting with respect to any series of Securities, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee with respect to the applicable series of Securities and appoint a successor trustee with respect to such series by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.14, any Holder securityholder of such series who has been a bona fide holder of a Note Security or Notes Securities of the applicable series for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trusteetrustee with respect to such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Securities of all series (voting as one class) at the time outstanding Outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee with respect to Securities of all series and nominate appoint a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice with respect to the Company Securities of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteeall series.
(cd) Any ny resignation or removal of the Trustee and any appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment the appointment of all fees a successor trustee and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 3 contracts
Samples: Subordinated Indenture (Howard Bancorp Inc), Subordinated Indenture (Howard Bancorp Inc), Senior Indenture (Howard Bancorp Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Noteholder, upon the Holdersterms and conditions and otherwise as in Section 8.10(a) provided, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 3 contracts
Samples: Indenture (Affiliated Managers Group Inc), Indenture (Synnex Corp), Indenture (MF Global Ltd.)
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of the Securities at their addresses as they shall appear on the Note RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holdersaffected Securityholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionTrustee, at the expense of the Company, may petition any court of competent jurisdiction for the appointment of a successor trustee, or any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, subject to the provisions of Section 6.115.09, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 6.08 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 6.09 and shall fail to resign after written request therefor by the Company or by any such HolderSecurityholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, or
(4) the Trustee shall commence a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or similar law or shall consent to the appointment of or taking possession by a receiver, custodian, liquidator, assignee, trustee, sequestrator (or similar official) of the Trustee or its property or affairs, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due, or shall take corporate action in furtherance of any such action. then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.115.09, any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that trustee, which shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If thereto or if no successor trustee shall have been so appointed and shall have accepted appointment within 30 days after such removal, in which case the Trustee so removed or any Securityholder, upon the terms and conditions and otherwise as in subsection (a) of this Section 6.10 provided, may petition any court of competent jurisdiction for an appointment of a successor trustee. If a successor trustee shall not have accepted appointment within 30 days after the removal of the Trustee by the HoldersTrustee, the Trustee mayTrustee, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction for the appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 6.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.106.11.
(e) The Company shall give notice of each resignation and each removal of the Trustee with respect to the Securities and each appointment of a successor Trustee with respect to the Securities to all holders of Securities. Each notice shall include the name of the successor Trustee and the address of its Corporate Trust Office.
Appears in 3 contracts
Samples: Indenture (Coastal Capital Trust I), Indenture (East West Bancorp Capital Trust I), Indenture (R&g Financial Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company MAALP and by mailing notice thereof to the Holders at their addresses as they shall appear on of Notes and be discharged from the Note Registertrust created hereunder. Upon receiving such notice of resignation, the Company MAALP shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company MAALP and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the CompanyMAALP, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.116.09 hereof, on behalf of himself itself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 7.08 hereof after written request therefor by the Company MAALP or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 hereof and shall fail to resign after written request therefor by the Company MAALP or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company MAALP may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.09 hereof, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) calendar days after either MAALP or the Noteholders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of MAALP, any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.11 hereof.
(d) Notwithstanding the replacement of the Trustee pursuant to this Section 7.10, MAALP’s obligations under Section 7.06 hereof shall continue for the benefit of the retiring Trustee.
Appears in 3 contracts
Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, jurisdiction at the expense of the Company, Company for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself and all others similarly situated, at the expense of the Company, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction at the expense of the Company for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Resource Capital Corp.), First Supplemental Indenture (Resource Capital Corp.), Indenture (Netsuite Inc)
Resignation or Removal of Trustee. The (a) Pursuant to the provisions of this Article, the Trustee may at any time resign as Trustee with respect to the Notes of any series by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company specifying the day upon which such resignation shall take effect, and such resignation shall take effect immediately upon the Holders, petition any court later of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, trustee and such specified day.
(b) Any Trustee may be removed at any time with respect to the Notes of any series by an instrument or any Holder who has been a bona fide holder concurrent instruments in writing filed with such Trustee and signed and acknowledged by the Holders of a Note majority in aggregate principal amount of the then outstanding Notes of such series or Notes for at least six months mayby their attorneys in fact duly authorized.
(c) So long as no Event of Default has occurred and is continuing, subject and no event has occurred and is continuing that, with the giving of notice or the lapse of time or both, would become an Event of Default, the Company may remove the Trustee as Trustee with respect to the provisions Notes of Section 6.11, on behalf any series upon written notice to the Holder of himself each Note Outstanding of such series 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 Trustee and prescribe, appoint a successor trusteeTrustee with respect to the Notes of such series meeting the requirements of Section 9.09. The Company or the successor Trustee shall give notice to the Holders of the Notes of such series, in the manner provided in Section 16.11, of such removal and appointment within 30 days of such removal and appointment.
(ad) In case If at any time any of the following shall occur:
(i) the Trustee shall cease to be eligible in accordance with Section 9.09 hereof and shall fail to comply with Section 7.13 within a reasonable time resign after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
, (ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign comply with Section 9.08 hereof after written request therefor by the Company or by any such Holder, or
or (iii) the Trustee shall become incapable of acting, acting or shall be adjudged a bankrupt or insolvent, insolvent or a receiver of the Trustee or of its property shall be appointed, appointed or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, then the Trustee may be removed forthwith by an instrument or concurrent instruments in any such case, the Company may by a Board Resolution remove writing filed with the Trustee and appoint a successor trustee either:
(1) signed by written instrumentthe Chairman, in duplicate, executed by order the President or any Vice President of the Board of Directors, one copy of which instrument shall be delivered to Company and attested by the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note Secretary or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense an Assistant Secretary of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.; or
(b2) The signed and acknowledged by the Holders of a majority in aggregate principal amount of the outstanding Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee or by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteetheir attorneys in fact duly authorized.
(ce) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall not become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) until acceptance of appointment by the successor trustee Trustee as provided in Section 7.109.11 hereof.
Appears in 3 contracts
Samples: Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing delivering notice thereof to the Holders at their addresses as they shall appear on the Note RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the Holders, the resigning Trustee may, upon ten 10 Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor trustee identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or if any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or commence a voluntary bankruptcy proceeding, or a receiver of the Trustee or of its property shall be appointedappointed or consented to, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, time with 30 days days’ prior written notice to the Trustee Company and the Company, Trustee remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Holder, upon the Holdersterms and conditions and otherwise as in Section 7.09(a) provided, the Trustee maymay petition, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
(e) Notwithstanding the replacement of the Trustee pursuant to this Section 7.09, the Company’s obligations under Section 7.06 hereof shall continue for the benefit of the retiring Trustee.
(f) The Trustee shall not be liable for any action or inaction on the part of any successor trustee.
Appears in 3 contracts
Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp)
Resignation or Removal of Trustee. a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 ninety (90) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.119.13, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.119.13, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment ninety (90) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 9.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 3 contracts
Samples: Indenture (Hc2 Holdings, Inc.), Indenture (Hc2 Holdings, Inc.), Indenture (Oclaro, Inc.)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 3 contracts
Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing sending notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing sending of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition petition, at the Company’s expense, any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself and all others similarly situated, petition petition, at the Company’s expense, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition petition, at the Company’s expense, any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Holder, upon the Holdersterms and conditions and otherwise as in Section 7.09(a) provided, the Trustee maymay petition, at the expense of the Company’s expense, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 3 contracts
Samples: Indenture (Solazyme Inc), Indenture (Solazyme Inc), Indenture (Solazyme Inc)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 3 contracts
Samples: Indenture (Open Text Corp), Indenture (Carbonite Inc), Indenture (Unisys Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, at the expense of the Company and upon ten (10) Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder Holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged as bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 3 contracts
Samples: Indenture (H-L Distribution Service, LLC), Indenture (H-L Distribution Service, LLC), Indenture (Claiborne Liz Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order of the Company’s 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.119.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Company’s Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.119.13, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Requisite Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee with or without cause and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 3 contracts
Samples: Indenture (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing sending notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order an Officer of the Board of DirectorsCompany, 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 and have accepted appointment within 30 days after the mailing transmission of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 7.12 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.07 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order an Officer of the Board of DirectorsCompany, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.08 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.09.
Appears in 2 contracts
Samples: Indenture (DISH Network CORP), Indenture (SNR Wireless LicenseCo, LLC)
Resignation or Removal of Trustee. Subject to compliance with applicable Gaming Laws:
(a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.11, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.11, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (MGM Resorts International), Indenture (MGM Mirage)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionpetition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.11, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.11, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Noteholder, upon the Holdersterms and conditions and otherwise as in Section 8.10(a) provided, the Trustee maymay petition, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (Teradyne, Inc), Indenture (Teradyne, Inc)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (Whiting Petroleum Corp), Indenture (Whiting Petroleum Corp)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 calendar days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to may (at the Company and the Holders, Company’s expense) petition any court of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 calendar days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 calendar days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (Cable One, Inc.), Indenture (Cable One, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 thirty (30) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.116.14, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 10.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 10.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.14, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor trustee shall have been appointed and have accepted appointment thirty (30) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at the Company’s expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding Outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 10.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 10.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1010.12.
Appears in 2 contracts
Samples: Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Ltd.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Debentureholders at their addresses as they shall appear on the Note RegisterDebenture register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersDebentureholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Debentureholder who has been a bona fide holder of a Note Debenture or Notes Debentures for at least six months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Debentureholder who has been a bona fide Holder holder of a Note Debenture or Notes Debentures for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderDebentureholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Debentureholder who has been a bona fide holder of a Note Debenture or Notes Debentures for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Debentures at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Debentureholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (Blackrock Inc /Ny), Indenture (Lifepoint Hospitals, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing giving notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing sending of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, jurisdiction at the expense of the Company, Company for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, jurisdiction at the expense of the Company, Company for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of the Securities at their addresses as they shall appear on the Note RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holdersaffected Securityholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionTrustee, at the expense of the Company, may petition any court of competent jurisdiction for the appointment of a successor trustee, or any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, subject to the provisions of Section 6.115.09, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 6.08 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions provi sions of Section 7.08 6.09 and shall fail to resign after written request therefor by the Company or by any such HolderSecurityholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitationrehabili tation, conservation or liquidation, or
(4) the Trustee shall commence a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or similar law or shall consent to the appointment of or taking possession by a receiver, custodian, liquidator, assignee, trustee, sequestrator (or similar official) of the Trustee or its property or affairs, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due, or shall take corporate action in furtherance of any such action. then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.115.09, any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that trustee, which shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If thereto or if no successor trustee shall have been so appointed and shall have accepted appointment within 30 days after such removal, in which case the Trustee so removed or any Securityholder, upon the terms and conditions and otherwise as in subsection (a) of this Section 6.10 provided, may petition any court of competent jurisdiction for an appointment of a successor trustee. If a successor trustee shall not have accepted appointment within 30 days after the removal of the Trustee by the HoldersTrustee, the Trustee mayTrustee, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction for the appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 6.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.106.11.
(e) The Company shall give notice of each resignation and each removal of the Trustee with respect to the Securities and each appointment of a successor Trustee with respect to the Securities to all holders of Securities. Each notice shall include the name of the successor Trustee and the address of its Corporate Trust Office.
Appears in 2 contracts
Samples: Indenture (Independent Capital Trust Ii), Indenture (Sandy Spring Capital Trust I)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Xxxxxx who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (Lam Research Corp), Indenture (Lam Research Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing delivering notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing delivering of such notice of resignation to the Holders, the resigning Trustee may, at the Company’s expense, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, at the Company’s expense, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with time remove the Trustee by so notifying the Trustee and Company in writing not less than 30 days prior written notice to the Trustee and the Company, remove the Trustee effective date of such removal and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (Avid Technology, Inc.), Indenture (Avid Technology, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of Notes at their addresses as they shall appear on the Note Registerregister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.9, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 8.8 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.9 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.9, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (Sepracor Inc /De/), Indenture (Alkermes Inc)
Resignation or Removal of Trustee. The (a) Pursuant to the provisions of this Article, the Trustee may at any time resign and be discharged of the trusts created by this Indenture by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company specifying the day upon which such resignation shall take effect, and such resignation shall take effect immediately upon the Holders, petition any court later of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself trustee 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 trusteeday.
(ab) In case Any Trustee may be removed at any time any by an instrument or concurrent instruments in writing filed with such Trustee and signed and acknowledged by the Holders of a majority in principal amount of the following shall occur:then outstanding Notes or by their attorneys in fact duly authorized.
(ic) If at any time (1) the Trustee shall cease to be eligible in accordance with Section 10.9 hereof and shall fail to comply with Section 7.13 within a reasonable time resign after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six months, (6) months;
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign comply with Section 10.8 hereof after written request therefor by the Company or by any such Holder, or
or (iii3) the Trustee shall become incapable of acting, acting or shall be adjudged a bankrupt or insolvent, insolvent or a receiver of the Trustee or of its property shall be appointed, appointed or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, then the Trustee may be removed forthwith by an instrument or concurrent instruments in any such case, the Company may by a Board Resolution remove writing filed with the Trustee and appoint a successor trustee either: (1) signed by written instrumentthe President, in duplicateany Vice President, executed by order the Treasurer or any Assistant Treasurer of the Board of Directors, one copy of which instrument shall be delivered to Company and attested by the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note Secretary or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense an Assistant Secretary of the Company, for ; or (2) signed and acknowledged by the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the outstanding Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee or by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteetheir attorneys in fact duly authorized.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall not become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) until acceptance of appointment by the successor trustee Trustee as provided in Section 7.1010.11 hereof.
Appears in 2 contracts
Samples: Indenture of Trust (Florida Public Utilities Co), Indenture of Trust (Florida Public Utilities Co)
Resignation or Removal of Trustee. The (a) Pursuant to the provisions of this Article, the Trustee may at any time resign and be discharged of the trusts created by this Indenture by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company specifying the day upon which such resignation shall take effect, and such resignation shall take effect immediately upon the Holders, petition any court later of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself trustee 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 trusteeday.
(ab) In case Any Trustee may be removed at any time any by an instrument or concurrent instruments in writing filed with such Trustee and signed and acknowledged by the Holders of a majority in principal amount of the following shall occur:then outstanding Notes or by their attorneys in fact duly authorized.
(ic) If at any time (1) the Trustee shall cease to be eligible in accordance with Section 9.09 hereof and shall fail to comply with Section 7.13 within a reasonable time resign after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six months, (6) months;
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign comply with Section 9.08 hereof after written request therefor by the Company or by any such Holder, or
or (iii3) the Trustee shall become incapable of acting, acting or shall be adjudged a bankrupt or insolvent, insolvent or a receiver of the Trustee or of its property shall be appointed, appointed or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, then the Trustee may be removed forthwith by an instrument or concurrent instruments in any such case, the Company may by a Board Resolution remove writing filed with the Trustee and appoint a successor trustee either:
(1) signed by written instrumentthe President, in duplicateany Vice President, executed by order the Treasurer or any Assistant Treasurer of the Board of Directors, one copy of which instrument shall be delivered to Company and attested by the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note Secretary or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense an Assistant Secretary of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.; or
(b2) The signed and acknowledged by the Holders of a majority in aggregate principal amount of the outstanding Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee or by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteetheir attorneys in fact duly authorized.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall not become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) until acceptance of appointment by the successor trustee Trustee as provided in Section 7.109.11 hereof.
Appears in 2 contracts
Samples: Indenture (Puget Sound Energy Inc), Indenture (Puget Sound Energy Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of Debentures at their addresses as they shall appear on the Note RegisterDebenture register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersDebentureholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Debentureholder who has been a bona fide holder of a Note Debenture or Notes Debentures for at least six months may, subject to the provisions of Section 6.117.9, on behalf of himself himself, herself or itself 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.8(a) after written request therefor by the Company or by any Holder Debentureholder who has been a bona fide Holder holder of a Note Debenture or Notes Debentures for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.9 and shall fail to resign after written request therefor by the Company or by any such HolderDebentureholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.9, any Holder Debentureholder who has been a bona fide holder of a Note Debenture or Notes Debentures for at least six months may, on behalf of himself himself, herself or itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Debentures at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Debentureholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (Xcyte Therapies Inc), Indenture (Xcyte Therapies Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 Section 7.09 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to time remove the Trustee by so notifying the Trustee and the Company, remove Company in writing not less than 30 days prior to the Trustee effective date of such removal and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 Section 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10Section 7.11.
Appears in 2 contracts
Samples: Indenture (PTC Therapeutics, Inc.), Indenture (Cypress Semiconductor Corp /De/)
Resignation or Removal of Trustee. The Trustee may at any time resign and be discharged from the trust created hereby by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section Section 6.11, on behalf of himself itself 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.
(a) In case at any time any of the following shall occur:
(i) A. the Trustee shall fail to comply with Section Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) B. the Trustee shall cease to be eligible in accordance with the provisions of Section Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) C. the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with time remove the Trustee by notifying the Trustee in writing at least 30 days prior written notice to the Trustee and the Company, remove the Trustee such removal and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section Section 7.10.
Appears in 2 contracts
Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionpetition, 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 Holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.10, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.10, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Holder, upon the Holdersterms and conditions and otherwise as in Section 8.10(a) provided, the Trustee maymay petition, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (WEIBO Corp), Indenture (Sina Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing giving notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing giving of such notice of resignation to the HoldersCompany, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, Holders and 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 Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee. If the Trustee is removed, but no successor trustee has been appointed and accepted such appointment, the removed Trustee may, upon the terms and conditions and otherwise as in Section 7.09(a) provided, petition, at the expense of the Company, any court of competent jurisdiction for an appointment of a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (Burlington Stores, Inc.), Indenture (Burlington Stores, Inc.)
Resignation or Removal of Trustee. (i) The Trustee may at any time resign with respect to all Notes by giving 30 days prior written notice by first class mail of such resignation to the Company and by mailing notice thereof to the Holders of the Notes at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor trustee, or any Holder of Notes who has been a bona fide holder Holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself such Holder 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 such successor trustee.
(aii) In case at any time any of the following shall occur:—
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6months, unless the Trustee’s duty to resign is stayed in accordance with the provisions of Section 310(b) months;of the TIA,
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.10 and shall fail to resign after written request therefor by the Company or by any such HolderHolder of a Note or Notes, or
(iii3) the Trustee shall become incapable of actingacting with respect to the Notes, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of DirectorsCompany Order, one copy of which instrument Company Order shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six months may, on behalf of himself such Holder and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the such Trustee and appoint a such successor trustee.
(biii) The Holders of a majority in aggregate principal amount of the outstanding Notes at the time outstanding may at any time, with 30 days prior written notice time remove the Trustee by delivering to the Trustee so removed, to the successor trustee so appointed and to the CompanyCompany the evidence provided for in Section 9.2 of the action in that regard taken by the Holders, remove the Trustee and nominate a successor trustee that Trustee which shall be deemed appointed as successor trustee Trustee unless within ten days after notice to the Company of such nomination the Company objects thereto, in which case the Trustee so removed or any Holder of a Note or Notes, upon the terms and conditions and otherwise as in subsection (i) of this Section 7.8(a) provided, may petition any court of competent jurisdiction for an appointment of a successor Trustee. If no successor trustee Trustee shall have been so appointed and have accepted an appointment within 30 60 days after removal the giving of the Trustee by the Holderssuch notice of removal, the Trustee being removed may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee with respect to the Notes.
(civ) Any resignation or removal of the Trustee and any appointment of a successor trustee Trustee pursuant to any of the provisions of this Section 7.09 7.8(a) shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee Trustee as provided in Section 7.107.8(b).
Appears in 2 contracts
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, Company any court of competent jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months one year may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;
(ii) one year, or the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months one year may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee mayso removed, at the expense of the Company, or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (Northwest Biotherapeutics Inc), Indenture (Ariad Pharmaceuticals Inc)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (B2gold Corp), Indenture (FXCM Inc.)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing delivering notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with time upon 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 2 contracts
Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ (10) business days' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.08 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Noteholders has removed the Trustee, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 2 contracts
Samples: Indenture (Kulicke & Soffa Industries Inc), Indenture (Kulicke & Soffa Industries Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company Issuer and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company Issuer and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the CompanyIssuer, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.116.09, on behalf of himself itself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 7.08 after written request therefor by the Company Issuer or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company Issuer or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company Issuer may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) calendar days after either the Issuer or the Noteholders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of the Issuer, any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
(d) Notwithstanding the replacement of the Trustee pursuant to this Section, the Issuer’s obligations under Section 7.06 shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company Issuer and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order of the Issuer’s 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 and have accepted appointment within 30 thirty (30) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company Issuer and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the CompanyIssuer, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.119.16, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company Issuer or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company Issuer or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company Issuer may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Issuer’s Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.119.16, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Issuer or the Holders has removed the Trustee, the Trustee so removed may petition at the Issuer’s expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 time remove the Trustee by giving thirty (30) days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company Issuer of such nomination nomination, the Company Issuer objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, or if such Trustee so removed or any Holder fails to act, the Trustee may, at the expense of the CompanyIssuer, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 1 contract
Samples: Indenture (Atlas Corp.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 7.08 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 1 contract
Samples: Indenture (Avis Budget Group, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days10 business days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.09 hereof, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.08 hereof after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 hereof and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09 hereof, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment 60 days after either the Company or the Noteholders has removed the Trustee, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten 10 days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) hereof provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11 hereof.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order of the Company’s 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.119.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Company’s Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.119.13, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Requisite Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to time remove the Trustee and the Company, remove the Collateral Trustee with or without cause and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 1 contract
Samples: Indenture (Gevo, Inc.)
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of the Securities at their addresses as they shall appear on the Note RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersSecurityholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor trustee, or any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, subject to the provisions of Section 6.115.09, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 6.08 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 6.09 and shall fail to resign after written request therefor by the Company or by any such HolderSecurityholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.115.09, any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that trustee, which shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If thereto or if no successor trustee shall have been so appointed and shall have accepted appointment within 30 days after removal of such removal, in which case the Trustee by so removed or any Securityholder, upon the Holdersterms and conditions and otherwise as in subsection (a) of this Section 6.10 provided, the Trustee maymay petition, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 6.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.106.11. If no successor trustee shall have been so appointed and have accepted appointment within 60 days after the date the Trustee receives notice of its removal, the removed Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any Securityholder who has been a bona fide holder of a Security for at least six months may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition, at the expense of the Company, 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.
Appears in 1 contract
Samples: Indenture (Agl Capital Trust Ii)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.119.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.119.13, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 1 contract
Samples: Indenture (Oclaro, Inc.)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, Holders and 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 Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
: (i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
; (ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
or (iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee064310-0812-15924-Active.25775846.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (Hope Bancorp Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any a time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of Debentures at their addresses as they shall appear on the Note Registerregistry books of the Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the HoldersDebentureholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Debentureholder who has been a bona fide holder of a Note Debenture or Notes Debentures for at least six months may, subject to the provisions of Section 6.116.09, 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.
(ab) In case at any time any of the following shall occur:occur--
(i1) the Trustee shall fail to comply with the provisions of subsection (a) of Section 7.13 within a reasonable time 7.08 after written request therefor by the Company or by any Holder Debentureholder who has been a bona fide Holder holder of a Note Debenture or Notes Debentures for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company or by any such HolderDebentureholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, appointed or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.09, any Holder Debentureholder who has been a bona fide holder of a Note Debenture or Notes Debentures for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Debentures at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Debentureholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in subdivision (a) of this Section 7.10 provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 1 contract
Samples: Indenture (Zenith Electronics Corp)
Resignation or Removal of Trustee. (a) The Trustee may resign at any time resign by giving 30 days prior and for any reason before a Change of Control upon written notice to the Corporation. After receipt of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignationwritten notice, the Company Corporation shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order that will become Trustee upon its acceptance of the Board Trust. The Trustee’s resignation shall become effective upon the earlier of Directors, one copy of which instrument shall be delivered the date six months after such written notice is provided or the date the successor trustee is appointed by the Corporation and accepts the Trust. If the Corporation fails to deliver to the resigning Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment a successor’s written acceptance of trusteeship within 30 days after the mailing six months of such received notice of resignation to the HoldersTrustee’s resignation, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may immediately petition any a court of competent jurisdiction, jurisdiction at the Trust expense of the Company, for the appointment of a successor trusteesuccessor. Even so, the Trustee shall have no duty to find or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself and all others similarly situated, petition any such court for secure 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 trusteeupon its resignation pursuant to this Section 10(a).
(ab) In case After a Change of Control, the Trustee may resign at any time and for any of reason upon written notice to the following Corporation, and, if applicable, the Independent Administrator. Such resignation shall occurbecome effective only if:
(i) The Trustee has obtained the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder agreement of a Note bank to act as successor trustee which bank
(A) is among the 100 largest banks in the United States, as measured by deposits,
(B) has a rating of “B/C” or Notes for at least six greater based upon the most current rating from Xxxxx, Bruyett & Xxxxx (6“KB&W’) months;or its successor, or if KB&W or its successor should cease to publish ratings, then a short-term debt rating from Moody’s of “P-1” or greater, or from Standard and Poor’s of “A-1” and
(C) has no present commercial banking relationship with the Corporation or any of its subsidiaries, affiliates or successors; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any A court of competent jurisdiction for the appointment of has appointed a successor trustee.
, but only after the Trustee has used reasonable efforts to find a successor pursuant to (ci) Any resignation or removal above. The Trustee shall continue to be trustee of the Trust Fund until the new trustee is in place, and the Trustee shall be entitled to expenses and appointment of fees (including expenses incurred in finding a successor trustee pursuant or petitioning a court to any name a successor trustee) through the later of the provisions effective date of this Section 7.09 shall become effective upon (i) payment its resignation as Trustee or the end of all fees and expenses owing to its custodianship of the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10Trust Fund.
Appears in 1 contract
Samples: Benefits Protection Trust Agreement (Potlatch Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 thirty (30) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ ' notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.116.15, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 11.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 11.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.15, any Holder who has been a bona fide holder Holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment thirty (30) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at the Company's expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding Outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 11.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 11.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1011.12.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of Notes at their addresses as they shall appear on the Note Registerregister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.9, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 8.8 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.9 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.9, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten (10) days after -48- 54 notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 1 contract
Samples: Indenture (Cephalon Inc)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself itself 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (NICE Ltd.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, (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 Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (UTi WORLDWIDE INC)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing delivering notice thereof to the Holders at their addresses as they shall appear on the Note RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the Holders, the resigning Trustee may, upon ten 10 Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor trustee identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or if any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or commence a voluntary bankruptcy proceeding, or a receiver of the Trustee or of its property shall be appointedappointed or consented to, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority Requisite Holders, as determined in aggregate principal amount of the Notes at the time outstanding accordance with Section 8.04, may at any time, time with 30 days days’ prior written notice to the Trustee Company and the Company, Trustee remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Holder, upon the Holdersterms and conditions and otherwise as in Error! Reference source not found. provided, the Trustee maymay petition, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
(d) Notwithstanding the replacement of the Trustee pursuant to this Section 7.09, the Company’s obligations under Section 7.06 hereof shall continue for the benefit of the retiring Trustee.
(e) The Trustee shall not be liable for any action or inaction on the part of any successor trustee.
Appears in 1 contract
Samples: Third Supplemental Indenture (Rockley Photonics Holdings LTD)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company Issuer and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directorsthe Issuer, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Issuer, upon ten Business Days’ notice to the Company Issuer and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, may on behalf of himself itself 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company Issuer or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company Issuer or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company Issuer may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of DirectorsBoard, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company Issuer of such nomination the Company Issuer objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the CompanyIssuer, upon ten Business Days’ notice to the Company Issuer and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ written notice to the Company and the Holders, petition any court of competent jurisdiction, and 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 Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, jurisdiction at the expense of the Company, Company for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, jurisdiction at the expense of the Company, Company for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may remove at any time, with 30 days prior written notice to the Trustee and the Company, remove time the Trustee and nominate a successor trustee that by delivering written notice of such removal and nomination at least 30 days prior to the effective date of such removal. The successor trustee so nominated shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by so removed or any Holder, upon the Holdersterms and conditions and otherwise as in Section 7.09(a) provided, the Trustee may, may petition at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10. The Trustee shall have no responsibility or liability for any action or inaction of a successor trustee.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Securities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersSecurityholders, the resigning Trustee may, upon ten Business Daysbusiness days’ notice to the Company and the HoldersSecurityholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, any Holder Securityholder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six 6 months may, subject to the provisions of Section 6.116.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.09 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6) 6 months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.10 and shall fail to resign after written request therefor by the Company or by any such Holder, Securityholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.13, any Holder Securityholder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six 6 months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment 60 days after either the Company or the Securityholders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Securityholder, the or if such Trustee mayso removed or any Securityholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.12.
Appears in 1 contract
Samples: Indenture (GMX Resources Inc)
Resignation or Removal of Trustee. . The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) monthsmonths (or such shorter period of time as shall have elapsed since the date of this Indenture);
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or such shorter period of time as shall have elapsed since the date of this Indenture) may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (MACOM Technology Solutions Holdings, Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ ' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.08 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Noteholders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 1 contract
Samples: Indenture (Dynegy Inc /Il/)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount Reduced Principal Amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (Whiting Petroleum Corp)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ ' notice to the Company and the Holders, petition any court of competent jurisdiction, Holders 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 Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(a) . In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) : the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) or the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) . The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09 provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(c) . Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders Noteholders at their addresses as they shall appear on the Note Registerregister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ ' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 8.08 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 9.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Securities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersSecurityholders, the resigning Trustee may, upon ten Business Daysbusiness days’ notice to the Company and the HoldersSecurityholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, any Holder Securityholder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six 6 months may, subject to the provisions of Section 6.117.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 10.09 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6) 6 months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 10.10 and shall fail to resign after written request therefor by the Company or by any such Holder, Securityholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.13, any Holder Securityholder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six 6 months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment 60 days after either the Company or the Securityholders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Securityholder, the or if such Trustee mayso removed or any Securityholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 10.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 10.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1010.12.
Appears in 1 contract
Samples: Indenture (World Acceptance Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Securities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersSecurityholders, the resigning Trustee may, upon ten Business Daysbusiness days’ notice to the Company and the HoldersSecurityholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, any Holder Securityholder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six 6 months may, subject to the provisions of Section 6.117.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 10.09 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6) 6 months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 10.10 and shall fail to resign after written request therefor by the Company or by any such Holder, Securityholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.13, any Holder Securityholder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six 6 months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment 60 days after either the Company or the Securityholders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Securityholder, the or if such Trustee mayso removed or any Securityholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 10.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 10.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1010.12.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ (10) business days' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.117.09, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 within a reasonable time 8.08 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Noteholders has removed the Trustee, the Trustee so removed may petition any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 1 contract
Samples: Indenture (Mentor Graphics Corp)
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of the Securities at their addresses as they shall appear on the Note Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersSecurityholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionmay petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, subject to the provisions of Section 6.115.09, 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 prescribepre- scribe, appoint a successor trustee.
(ab) In case at any time any of the following shall occur:occur --
39 48 (i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 6.08 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 6.09 and shall fail to resign after written request therefor by the Company or by any such HolderSecurityholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.115.09, any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (Life Re Capital Trust Ii)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Securities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order of the Company’s 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six (6) months may, subject to the provisions of Section 6.118.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 10.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 10.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Company’s Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.118.13, any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 10.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1010.12.
Appears in 1 contract
Samples: Indenture (THQ Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note RegisterCompany. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing giving of such notice of resignation to the HoldersCompany, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, Holders and 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 Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
: (i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
or (iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.38
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10. Section 7.10.
Appears in 1 contract
Samples: Indenture (Neogenomics Inc)
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company Partnership and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company Partnership shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of DirectorsManagers of the Partnership, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Partnership, upon ten Business Days’ notice to the Company Partnership and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself itself 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company Partnership or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company Partnership or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company Partnership may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of DirectorsManagers, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company Partnership of such nomination the Company Partnership objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the CompanyPartnership, upon ten Business Days’ notice to the Company Partnership and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (Galaxy Digital Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, subject to the provisions of Section 6.116.09, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 7.08 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Noteholders has removed the Trustee, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 1 contract
Samples: Indenture (Airtran Airways Inc)
Resignation or Removal of Trustee. The (a) Pursuant to the provisions of this Article, the Trustee may at any time resign and be discharged of the trusts created by this Indenture by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company specifying the day upon which such resignation shall take effect, and such resignation shall take effect immediately upon the Holders, petition any court later of competent jurisdiction, at the expense of the Company, for the appointment of a successor trustee, trustee and such day.
(b) Any Trustee may be removed at any time by an instrument or any Holder who has been a bona fide holder concurrent instruments in writing filed with such Trustee and signed and acknowledged by the Holders of a Note majority in principal amount of the then outstanding Notes or Notes for at least six months mayby their attorneys in fact duly authorized.
(c) So long as no Event of Default has occurred and is continuing, subject and no event has occurred and is continuing that, with the giving of notice or the lapse of time or both, would become an Event of Default, the Company may remove any Trustee upon written notice to the provisions Holder of Section 6.11, on behalf of himself each Note Outstanding 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 Trustee and prescribe, appoint a successor trusteeTrustee meeting the requirements of Section 9.09. The Company or the successor Trustee shall give notice to the Holders, in the manner provided in Section 15.10, of such removal and appointment within 30 days of such removal and appointment.
(ad) In case If at any time any of the following shall occur:
(i) the Trustee shall cease to be eligible in accordance with Section 9.09 hereof and shall fail to comply with Section 7.13 within a reasonable time resign after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
, (ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign comply with Section 9.08 hereof after written request therefor by the Company or by any such Holder, or
or (iii) the Trustee shall become incapable of acting, acting or shall be adjudged a bankrupt or insolvent, insolvent or a receiver of the Trustee or of its property shall be appointed, appointed or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, then the Trustee may be removed forthwith by an instrument or concurrent instruments in any such case, the Company may by a Board Resolution remove writing filed with the Trustee and appoint a successor trustee either:
(1) signed by written instrument, in duplicate, executed by order the President or any Vice President of the Board of Directors, one copy of which instrument shall be delivered to Company and attested by the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note Secretary or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense an Assistant Secretary of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.; or
(b2) The signed and acknowledged by the Holders of a majority in aggregate principal amount of the outstanding Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee or by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteetheir attorneys in fact duly authorized.
(ce) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall not become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) until acceptance of appointment by the successor trustee Trustee as provided in Section 7.109.11 hereof.
Appears in 1 contract
Samples: Indenture (Union Electric Co)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerholders of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty calendar days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ ' notice to the Company and the HoldersNoteholders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.118.09, on behalf of himself itself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 9.08 after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 9.09 and shall fail to resign after written request therefor by the Company or by any such Holder, Noteholder; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.118.09, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment sixty calendar days after either the Company or the Noteholders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten calendar days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Noteholder, the or if such Trustee mayso removed or any Noteholder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 9.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 9.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.109.11.
(e) Notwithstanding the replacement of the Trustee pursuant to this Section, the Company's obligations under Section 9.06 shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of the Debentures at their addresses as they shall appear on the Note RegisterDebenture register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the HoldersDebentureholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Debentureholder who has been a bona fide holder of a Note or Notes Debenture for at least six months may, subject to the provisions of Section 6.115.9, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 6.8 after written request therefor by the Company or by any Holder Debentureholder who has been a bona fide Holder holder of a Note Debenture or Notes Debentures for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 6.9 and shall fail to resign after written request therefor by the Company or by any such HolderDebentureholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.115.9, any Holder Debentureholder who has been a bona fide holder of a Note or Notes Debenture for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Debentures at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that trustee, which shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If thereto or if no successor trustee shall have been so appointed and shall have accepted appointment within 30 days after removal of such removal, in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Debentureholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in subsection (a) of this Section 6.10 provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 6.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.106.11.
Appears in 1 contract
Samples: Indenture (Mmi Companies Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Securities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six (6) months may, subject to the provisions of Section 6.1110.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 12.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 12.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.1110.13, any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 12.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 12.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1012.12.
Appears in 1 contract
Samples: Indenture (Evergreen Solar Inc)
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more or all series by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note RegisterCompany. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee with respect to the applicable series by written instrument, in duplicate, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holdersresignation, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, (at the expense of the Company, for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself and all others similarly situated, ) may petition any such court of competent jurisdiction 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 310(b) of the Trust Indenture Act, as specified in Section 7.08 with respect to any series of Securities after written request therefor by the Company or by any Holder securityholder who has been a bona fide Holder holder of a Note Security or Notes Securities of such series for at least six (6) months;,
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 with respect to any series of Securities and shall fail to resign after written request therefor by the Company or by any such Holdersecurityholder, or
(iii3) the Trustee shall become incapable of actingacting with respect to any series of Securities, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee with respect to the applicable series of Securities and appoint a successor trustee with respect to such series by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.116.14, any Holder securityholder of such series who has been a bona fide holder of a Note Security or Notes Securities of the applicable series for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trusteetrustee with respect to such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Securities of all series (voting as one class) at the time outstanding Outstanding may at any time, with time upon 30 days days’ prior written notice to the Trustee and the Company, remove the Trustee with respect to Securities of all series and nominate appoint a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice with respect to the Company Securities of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteeall series.
(cd) Any resignation or removal of the Trustee and any appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment the appointment of all fees a successor trustee and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof each series of Notes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the HoldersHolders of such series of Notes, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the HoldersHolders of such series of Notes, petition any court of competent jurisdictionpetition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder of a Note or Notes of any series for at least six (6) months may, subject to the provisions of Section 6.116.10, on behalf of himself itself 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 within a reasonable time 7.08 after written request therefor by the Company or by any Holder who has been a bona fide Holder holder of a Note or Notes of any series for at least six (6) months;; or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.09 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one (1) copy of which instrument shall be delivered to the Trustee so removed and one (1) copy to the successor trustee, or, subject to the provisions of Section 6.116.10, any Holder who has been a bona fide holder of a Note or Notes of any series for at least six (6) months may, on behalf of himself itself and all others similarly situated, petition any court of competent jurisdictionjurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) calendar days after either the Company or the Holders has removed the Trustee, or the Trustee resigns, the Trustee so removed may petition, at the expense of the Company, any court of competent jurisdiction for the removal of the Trustee and the an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.11.
(d) Notwithstanding the replacement of the Trustee pursuant to this Section, the Company’s obligations under Section 7.06 shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Registerof Securities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, petition any court of competent jurisdictionappoint a successor identified in such notice or may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor trustee, or or, if any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six (6) months may, subject to the provisions of Section 6.1110.13, 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time 12.09 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6) months;; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 12.10 and shall fail to resign after written request therefor by the Company or by any such Holder, ; or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, ; then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.1110.13, any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six (6) months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee; provided, however, that if no successor Trustee shall have been appointed and have accepted appointment sixty (60) days after either the Company or the Holders has removed the Trustee, the Trustee so removed may petition at its own expense any court of competent jurisdiction for an appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount Principal Amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless unless, within ten (10) days after notice to the Company of such nomination nomination, the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holdersso removed or any Holder, the or if such Trustee mayso removed or any Holder fails to act, at the expense of the Company, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 12.11(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 10.11 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.1012.12.
Appears in 1 contract
Samples: Indenture (Evergreen Solar Inc)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged of the trusts created by this Indenture by giving at least 30 days prior written notice of such resignation to the Company specifying the day upon which such resignation shall take effect and thereafter by mailing causing notice thereof to be published, in one Authorized Newspaper in the Holders at their addresses as they Borough of Manhattan, the City and State of New York, and in one Authorized Newspaper in the city in which the principal corporate trust office of the Trustee is located (if other than the Borough of Manhattan, the City and State of New York), once each, and such resignation shall appear on take effect upon the Note Register. Upon receiving day specified in such notice of resignation, the Company shall promptly appoint unless previously a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 days after by the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to Bondholders or the Company in the manner provided in Section 13.14, and the Holders, petition any court of competent jurisdiction, at the expense of the Company, for in such event such resignation shall take effect immediately on the appointment of a such successor trustee, or any Holder who has been a bona fide holder provided, however, that if all then Outstanding Bonds shall be Registered Bonds, no notice need be given except by mail to all Holders of a Note or Notes Registered Bonds at the last address appearing for at least six months may, subject to each of such Holders in the provisions of Section 6.11, 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance Bond register maintained with the provisions of Registrar. This Section 7.08 and 13.13 shall fail not be applicable to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered resignations pursuant to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of TIA Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee310(b).
(b) The Any Trustee may be removed at any time by an instrument or concurrent instruments in writing filed with such Trustee and signed and acknowledged by (i) the Chairman of the Board, Chief Executive Officer, President or a Vice-President of the Company attested to by the Secretary or an Assistant Secretary of the Company, at any time prior to an Event of Default and after the tenth anniversary of the date of this Indenture, or (ii) the Holders of not less than a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee then Outstanding Bonds or by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trusteetheir attorneys in fact duly authorized.
(c) Any In case at any time:
(i) the Trustee ceases to be eligible in accordance with Section 7.04 or Section 13.01;
(ii) the Trustee is adjudged a bankrupt or an insolvent or an order for relief is entered with respect to the Trustee under any Bankruptcy Law;
(iii) a custodian or public officer takes charge of the Trustee or its property; or
(iv) the Trustee becomes incapable of acting; then such Trustee shall resign immediately in the manner and with the effect provided in this Section 13.13; and in the event that it does not resign immediately in such case, then it may be removed forthwith by an instrument or concurrent instruments in writing filed with such Trustee and either (A) signed by the Chairman of the Board, Chief Executive Officer, President or a Vice-President of the Company attested to by the Secretary or an Assistant Secretary of the Company or (B) signed and acknowledged by the Holders of a majority in principal amount of Outstanding Bonds or by their attorneys in fact duly authorized.
(d) The resignation or removal of the Trustee and appointment of shall not be effective until a successor trustee pursuant to any of the provisions of this Trustee which is eligible in accordance with Sections 7.04 and 13.01 and qualified in accordance with TIA Section 7.09 310(b) and Section 13.12, shall become effective upon (i) payment of all fees have been appointed and expenses owing accepted such appointment in a writing delivered to the Trustee Company and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10predecessor Trustee.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the cost of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Resignation or Removal of Trustee. The Trustee may at any time resign by giving 30 (30) days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order an Officer of the Board of DirectorsCompany, 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 and have accepted appointment within 30 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(a) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 7.12 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 7.07 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order an Officer of the Board of DirectorsCompany, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor trustee.
(c) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 7.08 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.107.09.
Appears in 1 contract
Samples: Indenture (DraftKings Inc.)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing the Company shall send or cause to be sent notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing sending of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, on behalf of himself or herself 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.
(ab) In case at any time any of the following shall occur:
(i) the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note or Notes for at least six (6) months;
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iiiii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such either case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months (or since the date of this Indenture) may, on behalf of himself or herself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding outstanding, as determined in accordance with Section 8.04, may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Holder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 7.09(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10.
Appears in 1 contract
Samples: Indenture (Rovi Corp)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign by giving 30 days prior written notice of such resignation to the Company and by mailing notice thereof to the Holders holders of Notes at their addresses as they shall appear on the Note Registerregister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the HoldersNoteholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.117.9, 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.
(ab) In case at any time any of the following shall occur:
(i1) the Trustee shall fail to comply with Section 7.13 8.8 within a reasonable time after written request therefor by the Company or by any Holder Noteholder who has been a bona fide Holder holder of a Note or Notes for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.9 and shall fail to resign after written request therefor by the Company or by any such HolderNoteholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.9, any Holder Noteholder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes of any series at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that which shall be deemed appointed as successor trustee unless within ten (10) days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Noteholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in Section 8.10(a) provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.108.11.
Appears in 1 contract
Samples: Indenture (Sepracor Inc /De/)
Resignation or Removal of Trustee. (a) The Trustee may at any time resign with respect to the Securities by giving 30 days prior written notice by first class mail of such resignation to the Company and by mailing notice thereof to the Holders of the Securities at their addresses as they shall appear on the Note Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee by written instrument, in duplicate, 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 and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder of Securities who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six months may, subject to the provisions of Section 6.117.09, 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 such successor trustee.
(ab) In case at any time any of the following shall occur:occur--
(i1) the Trustee shall fail to comply with the provisions of subsection (a) of Section 7.13 within a reasonable time 8.08 after written request therefor by the Company or by any Holder who has been a bona fide Holder of a Note Security or Notes Securities for at least six (6months, unless the Trustee's duty to resign is stayed in accordance with the provisions of Section 310(b) months;of the Trust Indenture Act of 1939, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 8.09 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii3) the Trustee shall become incapable of actingacting with respect to the Securities, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order on instruction of the Board President, the Chief Financial Officer or the Treasurer of Directorsthe Company, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.117.09, any Holder who has been a bona fide holder Holder of a Note Security or Notes Securities for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the such Trustee and appoint a such successor trustee.
(bc) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding Outstanding Securities may at any time, with 30 days prior written notice time remove the Trustee by delivering to the Trustee so removed, to the successor trustee so appointed and to the CompanyCompany the evidence provided for in Section 9.01 of the action in that regard taken by the Holders, remove the Trustee and nominate a successor trustee that Trustee which shall be deemed appointed as successor trustee Trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of , in which case the Trustee by the Holders, the Trustee may, at the expense so removed or any Holder of the Companya Security or Securities, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in subsection (a) of this Section 8.10 provided, may petition any court of competent jurisdiction for the an appointment of a successor trusteeTrustee.
(cd) Any resignation or removal of the Trustee with respect to any Security or Securities and any appointment of a successor trustee Trustee pursuant to any of the provisions of this Section 7.09 8.10 shall become effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee Trustee as provided in Section 7.108.11.
Appears in 1 contract
Resignation or Removal of Trustee. (a) The Trustee Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving 30 days prior written writ- ten notice of such resignation to the Company and by mailing notice thereof to the Holders holders of the Securities at their addresses as they shall appear on the Note RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument in- strument shall be delivered to the resigning Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the Holdersaffected Securityholders, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the appointment of a successor trustee, or any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, subject to the provisions of Section 6.115.09, on behalf of himself him- self 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 prescribepre- scribe, appoint a successor trustee.
(ab) In case at any time any of the following shall occur:occur --
(i1) the Trustee shall fail to comply with the provisions of Section 7.13 within a reasonable time 6.08 after written request therefor by the Company or by any Holder Securityholder who has been a bona fide Holder hold- er of a Note Security or Notes Securities for at least six (6) months;, or
(ii2) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 6.09 and shall fail to resign after written request therefor by the Company or by any such HolderSecurityholder, or
(iii3) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.115.09, any Holder Securityholder who has been a bona fide holder of a Note or Notes Security for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(bc) The Holders holders of a majority in aggregate principal amount of the Notes Securities at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, time remove the Trustee and nominate a successor trustee that trustee, which shall be deemed appointed as successor trustee unless within ten 10 days after notice to the Company of such nomination the Company objects thereto. If thereto or if no successor trustee shall have been so appointed and shall have accepted appointment within 30 days after removal of such removal, in which case the Trustee by the Holders, the Trustee may, at the expense of the Companyso removed or any Securityholder, upon ten Business Days’ notice to the Company terms and the Holdersconditions and otherwise as in subsection (a) of this Section 6.10 provided, may petition any court of competent jurisdiction for the an appointment of a successor trustee.
(cd) Any resignation or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section 7.09 6.10 shall become be- come effective upon (i) payment of all fees and expenses owing to the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.106.11.
Appears in 1 contract
Samples: Indenture (First Usa Inc)
Resignation or Removal of Trustee. (a) The Trustee may resign at any time resign by giving 30 days prior and for any reason before a Change of Control upon written notice to the Corporation. After receipt of such resignation to the Company and by mailing notice thereof to the Holders at their addresses as they shall appear on the Note Register. Upon receiving such notice of resignationwritten notice, the Company Corporation shall promptly appoint a successor trustee by written instrument, in duplicate, executed by order that will become Trustee upon its acceptance of the Board Trust. The Trustee’s resignation shall become effective upon the earlier of Directors, one copy of which instrument shall be delivered the date six months after such written notice is provided or the date the successor trustee is appointed by the Corporation and accepts the Trust. If the Corporation fails to deliver to the resigning Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment a successor’s written acceptance of trusteeship within 30 days after the mailing six months of such received notice of resignation to the HoldersTrustee’s resignation, the resigning Trustee may, upon ten Business Days’ notice to the Company and the Holders, may immediately petition any a court of competent jurisdiction, jurisdiction at the Trust expense of the Company, for the appointment of a successor trusteesuccessor. Even so, the Trustee shall have no duty to find or any Holder who has been a bona fide holder of a Note or Notes for at least six months may, subject to the provisions of Section 6.11, on behalf of himself and all others similarly situated, petition any such court for secure 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 trusteeupon its resignation pursuant to this Section 10(a).
(ab) In case After a Change of Control, the Trustee may resign at any time and for any of reason upon written notice to the following Corporation, and, if applicable, the Independent Administrator. Such resignation shall occurbecome effective only if:
(i) The Trustee has obtained the Trustee shall fail to comply with Section 7.13 within a reasonable time after written request therefor by the Company or by any Holder who has been a bona fide Holder agreement of a Note bank to act as successor trustee which bank
(A) is among the 100 largest banks in the United States, as measured by deposits,
(B) has a rating of “B/C” or Notes for at least six greater based upon the most current rating from Xxxxx, Bruyett & Xxxxx (6“KB&W’) months;or its successor, or if KB&W or its successor should cease to publish ratings, then a short-term debt rating from Xxxxx’x of “P-1” or greater, or from Standard and Poor’s of “A-1” and
(C) has no present commercial banking relationship with the Corporation or any of its subsidiaries, affiliates or successors; or
(ii) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or
(iii) the Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor trustee, or, subject to the provisions of Section 6.11, any Holder who has been a bona fide holder of a Note or Notes for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction, at the expense of the Company, for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, remove the Trustee and appoint a successor trustee.
(b) The Holders of a majority in aggregate principal amount of the Notes at the time outstanding may at any time, with 30 days prior written notice to the Trustee and the Company, remove the Trustee and nominate a successor trustee that shall be deemed appointed as successor trustee unless within ten days after notice to the Company of such nomination the Company objects thereto. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after removal of the Trustee by the Holders, the Trustee may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any A court of competent jurisdiction for the appointment of has appointed a successor trustee.
, but only after the Trustee has used reasonable efforts to find a successor pursuant to (ci) Any resignation or removal above. The Trustee shall continue to be trustee of the Trust Fund until the new trustee is in place, and the Trustee shall be entitled to expenses and appointment of fees (including expenses incurred in finding a successor trustee pursuant or petitioning a court to any name a successor trustee) through the later of the provisions effective date of this Section 7.09 shall become effective upon (i) payment its resignation as Trustee or the end of all fees and expenses owing to its custodianship of the Trustee and (ii) acceptance of appointment by the successor trustee as provided in Section 7.10Trust Fund.
Appears in 1 contract
Samples: Benefits Protection Trust Agreement (Clearwater Paper Corp)
