Common use of Statutory Trustee Clause in Contracts

Statutory Trustee. The Statutory Trustee is hereby appointed as a Trustee of the Trust effective as of the date hereof, solely to serve as resident trustee as required by Section 3807(a) of the Delaware Business Trust Act and to perform the functions specifically required of a resident trustee thereunder. The Statutory Trustee shall have no other power or duties with respect to the Trust. The Statutory Trustee shall receive as compensation for its services hereunder those fees described on Exhibit A hereto (and incorporated herein by reference) and the Statutory Trustee shall be entitled to be reimbursed by Settlor for its other reasonable expenses hereunder, including the reasonable compensation, expenses and disbursements of such agents, representatives, experts and counsel as such Statutory Trustee may employ in connection with the exercise and performance of its rights and duties hereunder. The Statutory Trustee shall at all times be a corporation or other Person satisfying the provisions of Section 3807(a) of the Delaware Business Trust Act. If at any time the Statutory Trustee shall cease to be eligible in accordance with the provisions of this Section 3.10 and shall fail to resign after written request therefore by the Managing Trustees or if at any time the Statutory Trustee shall be legally unable to act or shall be adjudged bankrupt or insolvent or a receiver of the Statutory Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Statutory Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then the Managing Trustees may remove the Statutory Trustee. If the Managing Trustees remove the Statutory Trustee under the authority of the immediately preceding sentence, the Managing Trustees shall promptly appoint a successor Statutory Trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the outgoing Statutory Trustee so removed (together with payment of all fees owing to the outgoing Statutory Trustee) and one copy shall be delivered to the successor Statutory Trustee. Any successor Statutory Trustee appointed pursuant to this Section 3.10 shall execute, acknowledge and deliver to the Managing Trustees and to its predecessor Statutory Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Statutory Trustee shall become effective and such successor Statutory Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this agreement, with like effect as if originally named as Statutory Trustee. The predecessor Statutory Trustee shall upon payment of its fees and expenses deliver to the successor Statutory Trustee all documents and statements and monies held by it under this Agreement; and the Managing Trustees and the predecessor Statutory Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Statutory Trustee all such rights, powers, duties, and obligations.

Appears in 3 contracts

Samples: Trust Agreement (American Materials Transport, Inc.), Trust Agreement (Txi Transportation Co), Trust Agreement (Txi Transportation Co)

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Statutory Trustee. The Statutory Trustee is hereby appointed as a Trustee of the Trust effective as of the date hereof, solely to serve as resident trustee as required by Section 3807(a) of the Delaware Business Trust Act and to perform the functions specifically required of a resident trustee thereunder. The Statutory Trustee shall have no other power or duties with respect to the Trust. The Statutory Trustee shall at all times be a corporation or other Person satisfying the provisions of Section 3807(a) of the Delaware Business Trust Act. The Statutory Trustee shall receive as compensation for its services hereunder those fees described on Exhibit A hereto (agreed to between the Managing Trust and incorporated herein by reference) the Statutory Trustee and the Statutory Trustee shall be entitled to be reimbursed by Settlor for its other reasonable expenses hereunder, including the reasonable compensation, expenses and disbursements of such agents, representatives, experts and counsel as such Statutory Trustee may employ in connection with the exercise and performance of its rights and duties hereunder. The Statutory Trustee shall at all times be a corporation or other Person satisfying the provisions of Section 3807(a) of the Delaware Business Trust Act. If at any time the Statutory Trustee shall cease to be eligible in accordance with the provisions of this Section 3.10 3.12 and shall fail to resign after written request therefore by the Managing Trustees Trustee or if at any time the Statutory Trustee shall be legally unable to act or shall be adjudged bankrupt or insolvent or a receiver of the Statutory Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Statutory Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then the Managing Trustees Trustee may remove the Statutory Trustee. If the Managing Trustees remove Trustee removes the Statutory Trustee under the authority of the immediately preceding sentence, the Managing Trustees Trustee shall promptly appoint a successor Statutory Trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the outgoing Statutory Trustee so removed (removed, together with payment of all fees owing to the outgoing Statutory Trustee) , and one copy shall be by delivered to the successor Statutory Trustee. Any successor Statutory Trustee appointed pursuant to this Section 3.10 3.12 shall execute, acknowledge and deliver to the Managing Trustees Trustee and to its predecessor Statutory Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Statutory Trustee shall become effective and such successor Statutory Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this agreementAgreement, with like effect as if originally named as Statutory Trustee. The predecessor Statutory Trustee shall upon payment of its fees and expenses deliver to the successor Statutory Trustee all documents and statements and monies money held by it under this Agreement; and the . The Managing Trustees Trustee and the predecessor Statutory Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Statutory Trustee all such rights, powers, duties, duties and obligations.

Appears in 1 contract

Samples: Trust Agreement (OHI Asset (CT) Lender, LLC)

Statutory Trustee. The Statutory Trustee is hereby appointed as a Trustee of the Trust effective as of the date hereof, solely to serve as resident trustee as required by Section 3807(a) of the Delaware Business Trust Act and to perform the functions specifically required of a resident trustee thereunder. The Statutory Trustee shall have no other power or duties with respect to the Trust. The Statutory Trustee shall receive as compensation for its services hereunder those fees described on Exhibit A hereto (and incorporated herein by reference) and the Statutory Trustee shall be entitled to be reimbursed by Settlor for its other reasonable expenses hereunder, including the reasonable compensation, expenses and disbursements of such agents, representatives, representatives experts and counsel as such Statutory Trustee may employ in connection with the exercise and performance of its rights and duties hereunder. The Statutory Trustee shall at all times be a corporation or other Person satisfying the provisions of Section 3807(a) of the Delaware Business Trust Act. If at any time the Statutory Trustee shall cease to be eligible in accordance with the provisions of this Section 3.10 and shall fail to resign after written request therefore by the Managing Trustees or if at any time the Statutory Trustee shall be legally unable to act or shall be adjudged bankrupt or insolvent or a receiver of the Statutory Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Statutory Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then the Managing Trustees may remove the Statutory Trustee. If the Managing Trustees remove the Statutory Trustee under the authority of the immediately preceding sentence, the Managing Trustees shall promptly appoint a successor Statutory Trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the outgoing Statutory Trustee so removed (together with payment of all fees owing to the outgoing Statutory Trustee) and one copy shall be delivered to the successor Statutory Trustee. Any successor Statutory Trustee appointed pursuant to this Section 3.10 shall execute, acknowledge and deliver to the Managing Trustees and to its predecessor Statutory Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Statutory Trustee shall become effective and such successor Statutory Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this agreement, with like effect as if originally named as Statutory Trustee. The predecessor Statutory Trustee shall upon payment of its fees and expenses deliver to the successor Statutory Trustee all documents and statements and monies held by it under this Agreement; and the Managing Trustees and the predecessor Statutory Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Statutory Trustee all such rights, powers, duties, and obligations.

Appears in 1 contract

Samples: Trust Agreement (Txi Transportation Co)

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Statutory Trustee. The Statutory Trustee is hereby appointed as a Trustee of the Trust effective as of the date hereof, solely to serve as resident trustee as required by Section 3807(a) of the Delaware Business Statutory Trust Act and to perform the functions specifically required of a resident trustee thereunder. The Statutory Trustee shall have no other power or duties with respect to the Trust. The Statutory Trustee shall at all times be a corporation or other Person satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Act. The Statutory Trustee shall receive as compensation for its services hereunder those fees described on Exhibit A hereto (agreed to between the Managing Trust and incorporated herein by reference) The Statutory Trustee and the Statutory Trustee shall be entitled to be reimbursed by Settlor for its other reasonable expenses hereunder, including the reasonable compensation, expenses and disbursements of such agents, representatives, experts and counsel as such Statutory Trustee may employ in connection with the exercise and performance of its rights and duties hereunder. The Statutory Trustee shall at all times be a corporation or other Person satisfying the provisions of Section 3807(a) of the Delaware Business Trust Act. If at any time the Statutory Trustee shall cease to be eligible in accordance with the provisions of this Section 3.10 3.12 and shall fail to resign after written request therefore by the Managing Trustees Trustee or if at any time the Statutory Trustee shall be legally unable to act or shall be adjudged bankrupt or insolvent or a receiver of the Statutory Trustee or of its property shall be appointed, or any public officer shall take charge or control of the Statutory Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then the Managing Trustees Trustee may remove the Statutory Trustee. If the Managing Trustees remove Trustee removes the Statutory Trustee under the authority of the immediately preceding sentence, the Managing Trustees Trustee shall promptly appoint a successor Statutory Trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the outgoing Statutory Trustee so removed (removed, together with payment of all fees owing to the outgoing Statutory Trustee) , and one copy shall be by delivered to the successor Statutory Trustee. Any successor Statutory Trustee appointed pursuant to this Section 3.10 3.12 shall execute, acknowledge and deliver to the Managing Trustees Trustee and to its predecessor Statutory Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Statutory Trustee shall become effective and such successor Statutory Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this agreementAgreement, with like effect as if originally named as Statutory Trustee. The predecessor Statutory Trustee shall upon payment of its fees and expenses deliver to the successor Statutory Trustee all documents and statements and monies money held by it under this Agreement; and the . The Managing Trustees Trustee and the predecessor Statutory Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Statutory Trustee all such rights, powers, duties, duties and obligations.

Appears in 1 contract

Samples: Trust Agreement (OHI Asset (CT) Lender, LLC)

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