Common use of The Guarantee Trustee, before the Clause in Contracts

The Guarantee Trustee, before the. occurrence of any Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee, and no implied covenants shall be read into this Guarantee against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee, and use the same degree of care and skill in its exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 4 contracts

Samples: Preferred Securities Guarantee Agreement (Chemed Corp), Preferred Securities Guarantee (Chemed Capital Trust), Preferred Securities Guarantee (Chemed Corp)

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The Guarantee Trustee, before the. occurrence of any Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this GuaranteeGuarantee Agreement, and no implied covenants shall be read into this Guarantee Agreement against the Guarantee Trustee. In case an Event of Default has occurred (that has not been cured or waived pursuant to Section 2.062.6), the Guarantee Trustee shall exercise such of the rights and powers vested in it by this GuaranteeGuarantee Agreement, and use the same degree of care and skill in its exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Guarantee Agreement (First Interstate Bancsystem of Montana Inc), Guarantee Agreement (Silicon Valley Bancshares)

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The Guarantee Trustee, before the. occurrence of any Guarantee Event of Default and after the curing or waiving of all Guarantee Events of Default that may have occurred, shall undertake to perform only such duties as are specifically set forth in this Guarantee, and no implied covenants shall be read into this Guarantee against the Guarantee Trustee. In case an If a Guarantee Event of Default has occurred (that has not been cured or waived pursuant to Section 2.06)and is continuing, the Guarantee Trustee shall exercise such of the rights and powers vested in it by this Guarantee, Guarantee and use the same degree of care and skill in its exercise thereof, thereof as a prudent person man would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 1 contract

Samples: Guarantee Agreement (NCS of Illinois Inc)

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