Common use of Trust Continuance Clause in Contracts

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.

Appears in 2 contracts

Samples: Litigation Trust Agreement, Litigation Trust Agreement

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Trust Continuance. The death, dissolution, resignation, incompetency or removal of the Trustee one or both Individual Trustees 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 TrusteeIndividual Trustees. In the event of the resignation or removal of the Trusteeone or both Individual Trustees, such departing Individual Trustee shall promptly (a) execute and deliver such documents, instruments and other writings as may be requested by the Bankruptcy District Court or reasonably requested by the Trust Committee or a successor Individual Trustee to effect the termination of such departing Trustee’s the Individual Trustees’ capacity under this Trust Agreement and the conveyance of the Trust Assets then held by such departing Individual Trustee to its successorthe successor Individual Trustee, (b) deliver to the Bankruptcy District Court or the successor Individual Trustee all documents, instruments, records and other writings related to the Trust as may be in the possession of the such Individual Trustee and (c) otherwise assist and cooperate in effecting the assumption of its his obligations and functions by such successor Individual Trustee.

Appears in 1 contract

Samples: Trust Agreement (SoftBrands, Inc.)

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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 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 the Trust Committee Advisory Board or a successor Trustee to effect the termination of such departing the Trustee’s 's capacity under this Trust Agreement and the conveyance of the Trust Assets then held by such departing the Trustee to its 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.

Appears in 1 contract

Samples: Trust Agreement (Kmart Holding Corp)

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