Common use of Duties of Trustee Clause in Contracts

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 407 contracts

Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Nerdwallet, Inc.)

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Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 331 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (PBF Holding Co LLC), Indenture (Clarios International Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 327 contracts

Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Global Partners Lp), Indenture (Martin Midstream Partners L.P.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 237 contracts

Samples: Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC), Credit Agreement (Cornell Companies Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 192 contracts

Samples: Indenture, Indenture (Norbord Inc.), Wynn Las Vegas LLC

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 151 contracts

Samples: Indenture (Transocean Ltd.), Indenture (NCR Atleos, LLC), Indenture (Beacon Roofing Supply Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 146 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 145 contracts

Samples: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (TransDigm Group INC), Indenture (Light & Wonder, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 132 contracts

Samples: Indenture (Marinemax Inc), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 100 contracts

Samples: Indenture (Baytex Energy Corp.), Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 98 contracts

Samples: Indenture (CNX Resources Corp), Indenture (Five Point Holdings, LLC), Indenture (Nabors Industries LTD)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 97 contracts

Samples: Indenture (Midwest Generation LLC), Trico Marine Services (Trico Marine Services Inc), Execution Copy (M & F Worldwide Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 95 contracts

Samples: Supplemental Indenture (Constellium Se), Supplemental Indenture (Constellium Se), Party City Holdco Inc.

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 87 contracts

Samples: Indenture (Acushnet Holdings Corp.), Indenture (Brinker International, Inc), Bausch Health Companies (Bausch Health Companies Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 86 contracts

Samples: Supplemental Indenture (Alcoa Corp), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 85 contracts

Samples: Senior Notes Indenture (Equitrans Midstream Corp), Indenture (Energy Transfer LP), Senior Notes Indenture (Equitrans Midstream Corp)

Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 81 contracts

Samples: Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 72 contracts

Samples: Indenture (New Fortress Energy Inc.), Indenture (New Fortress Energy Inc.), First Supplemental Indenture (Lions Gate Entertainment Corp /Cn/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 66 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Collateral Agreement (Community Health Systems Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 64 contracts

Samples: Indenture (Iamgold Corp), Indenture (Hudbay Minerals Inc.), Indenture (Sibanye Stillwater LTD)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 64 contracts

Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 63 contracts

Samples: Intercreditor Agreement (Hilton Grand Vacations Inc.), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenturehereby, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 51 contracts

Samples: Indenture (Home Bancorp, Inc.), Indenture (Home Bancorp, Inc.), Indenture (Investar Holding Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the same circumstances in the conduct of such person’s his own affairs.

Appears in 49 contracts

Samples: Axcelis Technologies Inc, Lamar Media Corp/De, Axcelis Technologies Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 45 contracts

Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Contingent Value Rights Agreement (Akumin Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 38 contracts

Samples: Indenture (China Pharma Holdings, Inc.), Indenture (Credit Acceptance Corp), Signatures (Spirit AeroSystems Holdings, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 38 contracts

Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this IndentureIndenture on behalf of the Holders, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 34 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 32 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc), Global Ship Lease, Inc.

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 30 contracts

Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 29 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 25 contracts

Samples: Indenture (Petroleum Geo Services Asa), Indenture (Heritage Propane Partners L P), Indenture (Westlake International CORP)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 25 contracts

Samples: Indenture (Permian Resources Corp), Indenture (Permian Resources Corp), Senior Notes Indenture (Garden SpinCo Corp)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 23 contracts

Samples: Tenth Supplemental Indenture (Cco Holdings LLC), Eighth Supplemental Indenture (Cco Holdings LLC), Indenture (Cco Holdings LLC)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 21 contracts

Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 20 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Execution (Lear Corp /De/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Trustee has actual notice, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 20 contracts

Samples: Supplemental Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.), Supplemental Indenture (Herbalife Nutrition Ltd.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 17 contracts

Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust), Supplemental Indenture (Park Hotels & Resorts Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 16 contracts

Samples: Indenture (Young & Rubicam Inc), Indenture (Intersil Holding Co), Indenture (Fairchild Semiconductor International Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers expressly vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 15 contracts

Samples: Supplemental Indenture (Endo International PLC), Paying Agent (Endo International PLC), Supplemental Indenture (Endo International PLC)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 15 contracts

Samples: Indenture (Tupperware Brands Corp), Financing Agreement (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 14 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Deluxe Corp), Indenture (Libbey Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 14 contracts

Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 13 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Leucadia National Corp

Duties of Trustee. (a) If an Event of Default actually known to a Trust Officer has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of such person’s his or her own affairs.

Appears in 13 contracts

Samples: Indenture (New Home Co Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.

Appears in 13 contracts

Samples: Spectrum Brands, Inc., Indenture (Rayovac Corp), Indenture (Pegasus Communications Corp)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 13 contracts

Samples: Indenture (American Restaurant Group Inc), Indenture (Atlantic Express Transportation Corp), Indenture (Atlantic Express Transportation Corp)

Duties of Trustee. (a) If an Event of Default has ------------------ occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 12 contracts

Samples: Indenture (Telecorp PCS Inc), Indenture (DR Sales Inc), Indenture (Glenoit Asset Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 12 contracts

Samples: Indenture (Starwood Property Trust, Inc.), Indenture (Rithm Capital Corp.), Indenture (Starwood Property Trust, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 11 contracts

Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 11 contracts

Samples: Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Tenneco Inc), Indenture (Grupo Aval Acciones Y Valores S.A.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenturehereby, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 10 contracts

Samples: Indenture (Viper Energy Partners LP), Supplemental Indenture (Oasis Petroleum Inc.), Supplemental Indenture (Oasis Midstream Partners LP)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 10 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/)

Duties of Trustee. (a) If an Event of Default of which a Trust Officer has knowledge and has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 10 contracts

Samples: Intercreditor Agreement (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 9 contracts

Samples: 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp, First Franklin Financial Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 9 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 9 contracts

Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 8 contracts

Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 8 contracts

Samples: Indenture (Lamar Advertising Co), Sprint Spectrum L P, Sprint Spectrum Finance Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 8 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC), Indenture (Huntsman International LLC)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 8 contracts

Samples: Indenture (Telewest Communications PLC /New/), Indenture (Tekni Plex Inc), Indenture (GPPW Inc)

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Duties of Trustee. (a) If an Event of Default has occurred and is continuingContinuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 8 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s its own affairs.

Appears in 7 contracts

Samples: Supplemental Indenture (Encore Industries Inc /Ga), Indenture (Cinemark Inc), Cinemark Usa Inc /Tx

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 6 contracts

Samples: Indenture (Medicine Man Technologies, Inc.), Protalix BioTherapeutics, Inc., Indenture (GAIN Capital Holdings, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 6 contracts

Samples: Indenture (American Express Co), Indenture (Memberworks Inc), Indenture (American Express Co)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 6 contracts

Samples: Indenture (National Healthcare Corp), Sizeler Property Investors Inc, Sizeler Property Investors Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Trustee has actual knowledge, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.;

Appears in 6 contracts

Samples: Indenture (Difl Us Ii LLC), Digicel Group LTD, Digicel Group LTD

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.

Appears in 6 contracts

Samples: Indenture (GHTV Inc), Vail Resorts Inc, Vail Resorts Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use Indenture with the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 6 contracts

Samples: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and is actually known by a Trust Officer, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 6 contracts

Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred occurs and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and to use the same degree of care and skill in its exercise, exercise as that of a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 5 contracts

Samples: Indenture (Platinum Pressure Pumping, Inc.), Intercreditor Agreement (Saratoga Resources Inc /Tx), Interface Security Systems, L.L.C.

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own 's affairs.

Appears in 5 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc, Indenture (L 3 Communications Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 5 contracts

Samples: Indenture (Gannett Co., Inc.), Collateral Agreement (Arconic Corp), Intercreditor Agreement (Arconic Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 5 contracts

Samples: Indenture (Belden Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 5 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Davis-Standard CORP), Indenture (Arbor Realty Trust Inc)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 5 contracts

Samples: Indenture (Charter Communications, Inc. /Mo/), Seventh Supplemental Indenture (Charter Communications, Inc. /Mo/), Sixth Supplemental Indenture (Charter Communications, Inc. /Mo/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 5 contracts

Samples: VWR Corp, Indenture (Yankee Holding Corp.), Nuveen Investments Holdings, Inc.

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)

Duties of Trustee. (a) If an Event of Default with respect to a particular series has occurred and is continuing, the Trustee will shall exercise with respect to such series such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Indenture (Hallmark Financial Services Inc), Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingContinuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will Trust shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 4 contracts

Samples: Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo)

Duties of Trustee. (a) If an Event of Default actually known to a Responsible Trust Officer has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 4 contracts

Samples: Term Power Purchase Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 4 contracts

Samples: Indenture (Rc2 Corp), Danaher Corp /De/, Abc Naco Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. Such standard of care is not considered a fiduciary standard nor shall the Trustee be considered a fiduciary in performance of its duties.

Appears in 4 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 4 contracts

Samples: Supplemental Indenture (PPC Publishing Corp), Leap Wireless International Inc, Falcon Products Inc /De/

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Agreement and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D), Pooling and Servicing Agreement (BLG Securities Company, LLC), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Supplemental Indenture (Carriage Services Inc), Indenture (Carriage Services Inc), Indenture (Supernus Pharmaceuticals Inc)

Duties of Trustee. (a1) If an Event of Default with respect to a series of Securities has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 4 contracts

Samples: Indenture (Amerigas Finance Corp), Amerigas Partners Lp, Indenture (Amerigas Partners Lp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances and in the conduct of such person’s his or her own affairs.

Appears in 4 contracts

Samples: Indenture (North Atlantic Holding Company, Inc.), Financing Agreement (North Atlantic Trading Co Inc), Indenture (North Atlantic Trading Co Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 4 contracts

Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers power vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 3 contracts

Samples: Indenture (Enstar Inc), Indenture (Enstar Inc), Enstar Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the those rights and powers vested in it by this the Indenture, the Notes and the Security Agreement, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs, including the exercise of the remedies set forth in this Indenture and the Note.

Appears in 3 contracts

Samples: Streicher Mobile Fueling Inc, Indenture (Streicher Mobile Fueling Inc), Streicher Mobile Fueling Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing (and is not cured), the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.

Appears in 3 contracts

Samples: Purchase Agreement (Amh Holdings, LLC), Indenture (Associated Materials, LLC), Associated Materials, LLC

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 3 contracts

Samples: Indenture (LiveWatch Security, LLC), Indenture (Ascent Capital Group, Inc.), First Niagara Financial Group Inc

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Riley Exploration Permian, Inc.), KLX Energy Services Holdings, Inc., Berry Petroleum Company, LLC

Duties of Trustee. (a) If In case an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 3 contracts

Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC), Indenture (Amerus Group Co/Ia)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 3 contracts

Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Marine Products, Inc., Trinity Industries Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Nordstrom Inc), Indenture (J C Penney Co Inc), J C Penney Co Inc

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