Trust Continuance. The death, incapacity, resignation or removal of the Trustee shall not terminate the Trust or revoke any existing agency created pursuant to this Agreement or invalidate any action theretofore taken by the Trustee.
Trust Continuance. The death, dissolution, resignation, incompetency or removal of the Trustee shall not operate to terminate the Trust created by this Trust Agreement or to revoke any existing agency created under the terms of this Trust Agreement or invalidate any action theretofore taken by the Trustee. In the event of the resignation or removal of the Trustee, such departing Trustee shall promptly (a) execute and deliver such documents, instruments and other writings as may be requested by the Bankruptcy Court or reasonably requested by the Trust Committee or a successor Trustee to effect the termination of such departing Trustee’s capacity under this Trust Agreement and the conveyance of the Trust Assets then held by such departing Trustee to its successor, (b) deliver to the Bankruptcy Court or the successor Trustee all documents, instruments, records and other writings related to the Trust as may be in the possession of the Trustee and (c) otherwise assist and cooperate in effecting the assumption of its obligations and functions by such successor Trustee.
Trust Continuance. The resignation, removal or liquidation of the Trustee shall not terminate the Voting Trust or revoke any existing agency created by the Trustee pursuant to this Agreement or invalidate any action theretofore taken by the Trustee, and each successor Trustee agrees that the provisions of this Agreement shall be binding upon and inure to the benefit of the successor Trustee and all his, her or its heirs and legal and personal representatives, successors or assigns.
Trust Continuance. The death, dissolution, resignation, incompetency or removal of the Liquidation Trust Administrator shall not operate to terminate the Liquidation Trust created by this Trust Agreement or to revoke any existing agency created under the terms of this Trust Agreement or invalidate any action theretofore taken by the Liquidation Trust Administrator. In the event of the resignation or removal of the Liquidation Trust Administrator, the Liquidation Trust Administrator shall promptly (a) execute and deliver such documents, instruments and other writings as may be requested by the Bankruptcy Court or reasonably requested by the Liquidation Trust Advisory Board or a successor trustee to effect the termination of the Liquidation Trust Administrator’s capacity under this Trust Agreement and the conveyance of the Liquidation Trust Assets then held by the Liquidation Trust Administrator to the successor, (b) deliver to the Bankruptcy Court or the successor trustee all documents, instruments, records and other writings related to the Liquidation Trust as may be in the possession of the Liquidation Trust Administrator and (c) otherwise assist and cooperate in effecting the assumption of its obligations and functions by a successor trustee.
Trust Continuance. The dissolution, resignation, incompetency or removal of the Trustee shall not operate to terminate the Trust created by this Agreement or to revoke any existing agency created under the terms of this Agreement or invalidate any action theretofore taken by the Trustee. In the event of the dissolution, resignation, incompetency or removal of the Trustee, the Trustee shall promptly (a) execute and deliver such documents, instruments and other writings as may be requested by the Bankruptcy Court or reasonably requested by a successor Trustee or the Company to effect the termination of the Trustee’s capacity under this Agreement and the conveyance of the Trust Assets then held by the Trustee to the successor, (b) deliver to the Bankruptcy Court or the successor Trustee all documents, instruments, records and other writings related to the Trust as may be in the possession of the Trustee and (c) otherwise assist and cooperate in effecting the assumption of its obligations and functions by such successor Trustee.
Trust Continuance. The death, resignation or removal of a Trustee shall not operate to terminate the Plan Trust or to revoke any existing agency (other than any agency of such Trustee as a Trustee) created pursuant to the terms of this Trust Agreement or invalidate any action theretofore taken by the Trustees, and each Trustee agrees that the provisions of this Trust Agreement shall be binding upon and inure to his or her representatives, successors or assigns, as the case may be. If a Trustee resigns or is removed, such Trustee shall promptly execute and deliver by the effective date of resignation or removal such documents, instruments and other writings as may be reasonably requested by the remaining Trustees to effect the termination of the Trustee’s capacity under this Trust Agreement and the conveyance of the Trust’s assets then held by him or her to his or her successor; deliver to the remaining Trustees all documents, instruments, records and other writings relating to the Trust as may be in the possession or under the control of the Trustee; and otherwise assist and cooperate in effecting the assumption of his or her obligations and functions by the successor Trustee. Each Trustee hereby irrevocably appoints each other Trustee who shall be a remaining Trustee as his or her attorney-in-fact and agent with full power of substitution for him or her in his or her name, place and xxxxx to do any and all acts that such Trustee is obligated to perform under this Section 5.4. Such appointment shall not be affected by the subsequent disability or incompetence of the Trustee making such appointment.
Trust Continuance. From the date of this Agreement and throughout the effective term of the Pledge Agreement, (a) the Liquidating Trust shall remain in existence, and (b) the Liquidating Trust's organizational documents shall not be amended or revised in any manner that has (or is reasonably likely to have) a material adverse effect on FIG's rights under the Pledge Agreement or the Stock Retention Agreement.
Trust Continuance. The resignation or removal of the Distribution Trustee will not terminate the Distribution Trust or revoke any existing agency created pursuant to this Agreement or invalidate any action theretofore taken by the Distribution Trustee.
Trust Continuance. The death, resignation, or removal of the Liquidating Trustee shall not terminate the Liquidating Trust or revoke any existing agency (other than any agency of such Liquidating Trustee as a Liquidating Trustee) created pursuant to this Liquidating Trust Agreement or invalidate any action theretofore taken by the Liquidating Trustee, and the successor Liquidating Trustee agrees that the provisions of this Liquidating Trust Agreement shall be binding upon and inure to the benefit of any successor Liquidating Trustee and all his or her heirs and legal and personal representatives, successors, or assigns.
Trust Continuance. The death or incompetency (in the case of a Trustee that is a natural person), dissolution (in the case of a Trustee that is not a natural person), bankruptcy, insolvency, resignation, or removal of the Trustee shall not operate to terminate the Trust created by this Trust Agreement or to revoke any existing agency created pursuant to the terms of this Trust Agreement or invalidate any action theretofore taken by either Trustee. In the event of the resignation or removal of either Trustee, such Trustee shall promptly: (i) execute and deliver such documents, instruments and other writings as may be reasonably requested by the Plan Oversight Committee or by the successor Trustee to effect the termination of the Trustee's capacity under this Trust Agreement and in the case of the Managing Trustee, the conveyance of the Creditor Trust Assets then held by the Managing Trustee to its successor; (ii) deliver to Plan Oversight Committee or the successor Trustee all documents, instruments, records and other writings related to the Trust as may be in the possession of the Trustee, including without limitation documents, instruments, records and other writings relating to the General Operating Account and the investments relating thereto; and (iii) otherwise assist and cooperate in effecting the assumption of its obligations and functions by such successor Trustee.
