Trustee Removal. The Trustee may be removed, with or without cause, by the Administrative Agent by notice given in writing to the Trustee (the “Trustee Termination Notice”); provided, however, notwithstanding its receipt of a Trustee Termination Notice, the Trustee shall continue to act in such capacity until a successor Trustee has been appointed, has agreed to act as Trustee hereunder, and has received all Required Loan Documents held by the previous Trustee.
Trustee Removal. The Voting Trustees may be individually removed by the affirmative vote of, or by a written instrument or instruments signed by, the Holders of Voting Trust Certificates representing 80% of the Shares in the Voting Trust created hereunder.
Trustee Removal. The Trustee may resign and be discharged from the performance of its duties hereunder at any time by giving thirty (30) days prior written notice to StadCo and the Authority specifying a date when such resignation shall take effect. Upon any such notice of resignation, StadCo and the Authority jointly shall appoint a successor Trustee hereunder prior to the effective date of such resignation. If StadCo and the Authority fail to appoint a successor trustee within such time, the Trustee shall have the right to petition a court of competent jurisdiction to appoint a successor trustee, and all costs and expenses (including without limitation attorneys’ fees) related to such petition shall be paid jointly and severally by StadCo and the Authority. The retiring Trustee shall transmit all records pertaining to the Trust Funds and pay all Trust Funds to the successor Trustee, after making copies of such records as the retiring Trustee deems advisable and after deduction and payment to the retiring Trustee of all fees and expenses (including court costs and attorneys’ fees) payable to or incurred by the retiring Trustee in connection with the performance of its duties and the exercise of its rights hereunder. After any retiring Trustee’s resignation, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Trustee under this Agreement. Any corporation or association into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or association to which all or substantially all of the Trustee’s corporate trust line of business may be transferred, shall be the Trustee under this Agreement without further act.
Trustee Removal. The Trustee may be removed, with or without cause, by the Administrative Agent by notice given in writing to the Trustee (the “Trustee Termination Notice”); provided that notwithstanding its receipt of a Trustee Termination Notice, the Trustee shall continue to act in such capacity until a successor Trustee acceptable to the Administrative Agent that meets the requirements set forth in Section 8.10 has been appointed, has agreed to act as Trustee hereunder, and has received all Required Loan Files held by the previous Trustee; provided, however, that the Trustee shall not be required to deliver the Required Loan Files to a successor until it has received all contractually due fees and reasonable out-of-pocket expenses then owing to it pursuant to the Transaction Documents.
Trustee Removal. The Trustee may be removed, with or without cause, by the Administrative Agent by notice given in writing to the Trustee (the “Trustee Termination Notice”); provided that, notwithstanding its receipt of a Trustee Termination Notice, the Trustee shall continue to act in such capacity until a successor Trustee has been appointed (with, so long as a Termination Event has not occurred and is not continuing, the consent of the Borrower, such consent not to be unreasonably withheld), has agreed to act as Trustee hereunder, has made the representations and warranties contained in Section 4.4, and has received all Required Loan Documents held by the previous Trustee.
Trustee Removal. At any time that the Settlor is serving as Trustee, if the Successor Trustee is in possession of any of the following:
A. A court order, which the Successor Trustee deems to be jurisdictionally proper and still currently applicable, holding the Settlor to be legally incapable to act in the Settlor's own behalf or appointing a Conservator to act for the Settlor; or
B. Duly executed, witnessed and acknowledged written certificates of two licensed physicians (each of whom represents that he is certified by a recognized medical board), each certifying that such physician has examined the Settlor and has concluded that, by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, the Settlor had, at the date thereof, become incapable to act rationally and prudently in the Settlor's own financial best interests; or
C. Evidence which the Successor Trustee deems to be credible and still currently applicable, that the Settlor has disappeared, is unaccountably absent, or is being detained under duress where the Settlor is unable effectively and prudently to look after the Settlor's own financial best interests;
Trustee Removal. At any time that the Settlor or the Settlor’s spouse is serving as Trustee, if the Successor Trustee is in possession of any of the following:
(a) A court order, which the Successor Trustee deems to be jurisdictionally proper and still currently applicable, holding the Settlor and/or the Settlor’s spouse to be legally incapable to act in their own behalf or appointing a Conservator to act for the Settlor and/or the Settlor’s spouse; or
(b) Xxxx executed, witnessed and acknowledged written certificates of two licensed physicians (each of whom represents that he is certified by a recognized medical board), each certifying that such physician has examined the Settlor and/or the Settlor’s spouse and has concluded that, by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, the Settlor and/or the Settlor’s spouse had, at the date thereof, become incapable to act rationally and prudently in the Settlor's and/or the Settlor’s spouse’s own financial best interests; or
(c) Evidence which the Successor Trustee deems to be credible and still currently applicable, that the Settlor and/or the Settlor’s spouse has disappeared, is unaccountably absent, or is being detained under duress where the Settlor and/or the Settlor’s spouse is unable effectively and prudently to look after the Settlor's and/or the Settlor’s spouse’s own financial best interests;
Trustee Removal. Unless otherwise agreed to by both the Trustee and the Employer, the Employer may remove a Trustee at any time by delivering to the Trustee, at least thirty (30) days before its effective date, a written notice of such Trustee's removal.
Trustee Removal. The Beneficiary may, with or without cause, remove the Trustee by giving not less than 90 days written notice thereof to the Trustee. Such removal shall become effective upon the acceptance of appointment by a successor Trustee in accordance with paragraph (a)(ii) of this Section 6.
Trustee Removal. The Trustee may be removed by the Employer on thirty (30) days notice or upon shorter notice accepted by the Trustee.
