THE TRUSTEE 82 Sample Clauses

THE TRUSTEE 82. Section 11.01 Duties and Responsibilities of Trustee 82 Section 11.02 Notice of Defaults 83 Section 11.03 Reliance on Documents, Opinions, Etc. 83 Section 11.04 No Responsibility for Recitals, Etc. 84 Section 11.05 Trustee, Paying Agents, Exchange Agents or Registrar May Own Notes 85 Section 11.06 Monies to be Held in Trust 85 Section 11.07 Compensation and Expenses of Trustee 85 Section 11.08 Officer's Certificate as Evidence 86 Section 11.09 Conflicting Interests of Trustee 86 Section 11.10 Eligibility of Trustee 86 Section 11.11 Resignation or Removal of Trustee 86 Section 11.12 Acceptance by Successor Trustee 87 Section 11.13 Succession by Xxxxxx, Etc. 88 Section 11.14 Preferential Collection of Claims 88 Section 11.15 Trustee's Application for Instructions from the Company 88 ARTICLE 12. MISCELLANEOUS 88 Section 12.01 Effect on Successors and Assigns 88 Section 12.02 Governing Law 88 Section 12.03 No Note Interest Created 89 Section 12.04 Trust Indenture Act 89 Section 12.05 Benefits of Indenture 89 Section 12.06 Calculations 89 Section 12.07 Execution in Counterparts 89 Section 12.08 Notices, Etc. to Trustee and Company 89 Section 12.09 No Recourse Against Others 90 Section 12.10 Tax Withholding 90 Section 12.11 Waiver of Jury Trial 90 Section 12.12 U.S.A. Patriot Act 90 Section 12.13 Force Majeure 90 iv INDENTURE, dated as of December 11, 2012, between SEACOR Holdings Inc., a Delaware corporation, as issuer (the “Company”), and Xxxxx Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”). RECITALS OF THE COMPANY
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Related to THE TRUSTEE 82

  • Indenture Trustee Not Obligated Notwithstanding anything to the contrary herein, the Indenture Trustee is not obligated to enter into an amendment that adversely affects the Indenture Trustee’s rights, powers, duties, obligations, liabilities, indemnities or immunities under this Indenture.

  • Appointment of Co-Indenture Trustee or Separate Indenture Trustee (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction in which any part of the Trust Estate may at the time be located, the Indenture Trustee shall have the power and may execute and deliver all instruments to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustee or separate trustees, of all or any part of the Trust, and to vest in such Person or Persons, in such capacity and for the benefit of the Noteholders, such title to the Trust Estate, or any part hereof, and, subject to the other provisions of this Section, such powers, duties, obligations, rights and trusts as the Indenture Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 6.11 and no notice to Noteholders of the appointment of any co-trustee or separate trustee shall be required under Section 6.08 hereof.

  • Eligibility Requirements for Owner Trustee and Delaware Trustee The Owner Trustee shall at all times (i) maintain its principal place of business in the State of New York or such other location within the United States to which the Depositor shall consent in writing, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000, (iv) be subject to supervision or examination by federal or state authorities and (v) have the Required Rating. If such person shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Delaware Trustee shall at all times be a Person satisfying the provisions of Section 3807(a) of the Statutory Trust Statute. In case at any time the Owner Trustee or the Delaware Trustee, as applicable, shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee or the Delaware Trustee, as applicable, shall resign immediately in the manner and with the effect specified in Section 10.02.

  • The Owner Trustee Section 3.01.

  • Indenture Trustee Consent The consent of the Indenture Trustee will be required for any amendment pursuant to Sections 6.1(b) or (c) that has a material adverse effect on the rights, obligations, immunities or indemnities of the Indenture Trustee.

  • Trustee and Trust Administrator May Own Certificates Each of the Trustee and the Trust Administrator in its individual capacity or any other capacity may become the owner or pledgee of Certificates with the same rights it would have if it were not Trustee or Trust Administrator, as applicable.

  • Issuing Entity to Furnish Indenture Trustee Names and Addresses of Noteholders The Issuing Entity will furnish or cause to be furnished to the Indenture Trustee (a) not more than five days after the earlier of (i) each Record Date and (ii) three months after the last Record Date, a list, in such form as the Indenture Trustee may reasonably require, of the names and addresses of the Holders of Notes as of such Record Date, and (b) at such other times as the Indenture Trustee may request in writing, within 30 days after receipt by the Issuing Entity of any such request, a list of similar form and content as of a date not more than 10 days prior to the time such list is furnished; provided, however, that so long as the Indenture Trustee is the Note Registrar, no such lists shall be required to be furnished.

  • Owner Trustee May Own Trust Certificates and Notes The Owner Trustee in its individual or any other capacity may become the owner or pledgee of Trust Certificates or Notes and may deal with the Depositor, the Administrator, the Indenture Trustee and the Servicer in banking transactions with the same rights as it would have if it were not Owner Trustee.

  • Indenture Trustee Liable The Indenture Trustee will not be relieved from liability for its own willful misconduct, bad faith or negligence, except that:

  • Appointment of Co-Trust Administrator or Separate Trust Administrator Notwithstanding any other provisions of this Agreement, at any time, for the purpose of meeting any legal requirements of any jurisdiction in which any part of the Trust Fund or property securing any Mortgage Note may at the time be located, the Master Servicer and the Trust Administrator acting jointly shall have the power and shall execute and deliver all instruments to appoint one or more Persons approved by the Trust Administrator to act as co-trust administrator or co-trust administrators jointly with the Trust Administrator, or separate trust administrator or separate trust administrators, of all or any part of the Trust Fund, and to vest in such Person or Persons, in such capacity and for the benefit of the applicable Certificateholders, such title to the Trust Fund, or any part thereof, and, subject to the other provisions of this Section 10.10, such powers, duties, obligations, rights and trusts as the Master Servicer and the Trust Administrator may consider necessary or desirable. If the Master Servicer shall not have joined in such appointment within fifteen days after the receipt by it of a request to do so, or in the case an Event of Default shall have occurred and be continuing, the Trust Administrator alone shall have the power to make such appointment. No co-trust administrator or separate trust administrator hereunder shall be required to meet the terms of eligibility as a successor trust administrator under Section 10.06 and no notice to Certificateholders of the appointment of any co-trust administrator or separate trust administrator shall be required under Section 10.08. Every separate trust administrator and co-trust administrator shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

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