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 shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 243 contracts

Samples: Intercreditor Agreement (Berry Global Group, Inc.), Indenture (Laboratory Corp of America Holdings/De), Indenture (Hess Midstream LP)

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Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 42 contracts

Samples: Indenture (Aimco Properties Lp), Tia Indenture (Walt Disney Co/), Indenture (Apartment Investment & Management Co)

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

Appears in 35 contracts

Samples: Indenture (Nephros Inc), Indenture (Ocugen, Inc.), Indenture (Arena Group Holdings, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 34 contracts

Samples: Indenture (Genco Shipping & Trading LTD), Carrols Restaurant Group, Inc., Trinity Place Holdings Inc.

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

Appears in 31 contracts

Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Corp/Fl), Indenture (Adelphia Communications Corp)

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

Appears in 30 contracts

Samples: Indenture (Occusystems Inc), Indenture (Astor Corp), Indenture (Pride Petroleum Services Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture or an indenture supplemental hereto, and use the same degree of care and skill in their exercise 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 22 contracts

Samples: Senior Indenture (Navigators Group Inc), PRGX Global, Inc., Indenture (PRGX Global, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 21 contracts

Samples: Indenture (Videotron Ltee), Subordination Agreement (Sun Media Corp), Management Agreement (International Specialty Products Inc /New/)

Duties of Trustee. (ai) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 20 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Indenture (Beverly Enterprises Inc /De/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 17 contracts

Samples: Indenture (Legacy Reserves Inc.), Indenture (World Almanac Education Group Inc), Assumption Agreement (Quaker Holding Co)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 17 contracts

Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 15 contracts

Samples: Indenture (General Communication Inc), Warrant Agreement (Iridium Capital Corp), Registration Rights Agreement (Integrated Electrical Services Inc)

Duties of Trustee. (aA) If an Event of Default has occurred and is continuing, the Trustee 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 their 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 14 contracts

Samples: Indenture (Platinum Group Metals LTD), First Supplemental Indenture (Arris Group Inc), Warrant Agreement (Savient Pharmaceuticals Inc)

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

Appears in 13 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Affinity Group Holding, Inc., Affinity Group Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing (and has not been cured or waived in accordance with the terms of this Indenture) with respect to Securities of any series, the Trustee shall exercise such of the rights and powers vested in it by this Indenture with respect to such Securities and use the same degree of care and skill in their 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 13 contracts

Samples: Senior Indenture (Mohawk Industries Inc), Indenture (Transocean RIGP DIN Opco LTD), Mohawk Capital Luxembourg SA

Duties of Trustee. (a) If an Event of Default has occurred and is continuingknown to the Trustee (and is not cured), the Trustee shall exercise the its rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 12 contracts

Samples: Circus Finance Ii, Circus Finance Ii, Circus Circus Enterprises Inc

Duties of Trustee. (a) If a Default or an Event of Default actually known to the Trustee has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 11 contracts

Samples: Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)

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

Appears in 11 contracts

Samples: Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Biogen Inc.

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 10 contracts

Samples: Indenture (Lin Tv Corp), Indenture (Lin Television Corp), Lin Tv Corp.

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise such 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 (Icf Kaiser International Inc), Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)

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

Appears in 9 contracts

Samples: Indenture (Gfsi Inc), Indenture (Ameriking Inc), Indenture (Ameriking Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its 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 8 contracts

Samples: Indenture (Verastem, Inc.), Indenture (Novavax Inc), And (Ironwood Pharmaceuticals Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall 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 their exercise such 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 8 contracts

Samples: Indenture (U S Home Corp /De/), Indenture (Beazer Homes Texas Lp), Indenture (U S Home Corp /De/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and shall use the same degree of care and skill in 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 7 contracts

Samples: Execution Copy (Firstworld Communications Inc), Indenture (PLD Telekom Inc), Indenture (PLD Telekom Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their its exercise thereof, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 7 contracts

Samples: Indenture (Listerhill Total Maintenance Center LLC), Indenture (Crum & Forster Holdings Corp), Indenture (Shop Vac Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the its rights and powers vested in it by under this Indenture and use the same degree of care and skill in 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 7 contracts

Samples: Indenture (Newcourt Credit Group Inc), Chapman And (At&t Capital Corp /De/), Indenture (At&t Capital Corp /De/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which it has knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise 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 7 contracts

Samples: Indenture (Talton Invision Inc), Supplemental Indenture (Goodman Conveyor Co), Indenture (Curtis Sub Inc)

Duties of Trustee. (a) If an Event of Default which the Trustee has, or is deemed to have, notice hereunder has occurred and is continuing, the Trustee 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 their exercise 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 7 contracts

Samples: Monitoring and Oversight Agreement (S&c Holdco 3 Inc), Armstrong World Industries Inc, Armstrong World Industries Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights its rights, duties and powers vested in it by under this Indenture and use the same degree of care and skill in 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 7 contracts

Samples: Indenture (U S West Inc /De/), Indenture (Usa Education Inc), Usa Education Inc

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

Appears in 6 contracts

Samples: Indenture (Gaylord Container Corp /De/), Indenture (Medianews Group Inc), Indenture (Garden State Newspapers Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise as a prudent person would exercise or use under the circumstances and in the conduct of such person’s his own affairs.

Appears in 6 contracts

Samples: Indenture (Spinnaker Industries Inc), Indenture (Central Michigan Distribution Co Lp), Indenture (Source Media Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 (German American Bancorp, Inc.), Indenture (LKQ Corp), Indenture (German American Bancorp, Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and the other Basic Documents and use the same degree of care and skill in 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 5 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)

Duties of Trustee. (a) If an Event of Default known to the Trustee has occurred and is continuing, the Trustee 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 their exercise 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 5 contracts

Samples: Nations Asset Securities Inc, Mid State Trust Vi, Mid State Trust Vi

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 5 contracts

Samples: Letter Agreement (Grupo TMM Sa), Grupo (TMM Holdings Sa De Cv), Indenture (Grupo TMM Sa)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the duties, rights and powers vested in it by this Indenture and the Security Documents, and use the same degree of care and skill in their exercise 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: Indenture (Metal Management Inc), Indenture (Imperial Credit Industries Inc), Collateral Agency and Security Agreement (Imperial Credit Industries Inc)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise 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: Supplemental Indenture (Meristar Hospitality Corp), Supplemental Indenture (Capstar Hotel Co), Credit Agreement (Meristar Hospitality Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the its rights and powers vested in it by this Indenture hereunder and use the same degree of care and skill in their 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: Indenture (Natural Microsystems Corp), Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuingcontinuing (and is not cured), the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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: Nortek Inc, Nortek Inc, Nortek Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise 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 4 contracts

Samples: Indenture (Barrington Quincy LLC), Intercreditor Agreement (Airgate PCS Inc /De/), Indenture (Airgate PCS Inc /De/)

Duties of Trustee. (a) If a Default or an Event of Default actually known to the Trustee has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 3 contracts

Samples: Supplemental Indenture (Riverwood Holding Inc), Supplemental Indenture (Riverwood Holding Inc), Ric Holding Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their 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 3 contracts

Samples: Indenture (APW Supermarkets, Inc.), Indenture (Edison Mission Finance Co), Indenture (Inex Corp)

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 3 contracts

Samples: Indenture (Vegeterian Times Inc), Primedia Inc, Vegeterian Times Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which Responsible Officer of the Trustee has actual knowledge, the Trustee shall exercise the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in their 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 3 contracts

Samples: Indenture (Household Auto Receivables Corp), Household Auto Receivables Corp, Household Automobile Revolving Trust I

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Collateral Documents, and use the same degree of care and skill in their exercise 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 3 contracts

Samples: Indenture (Prime Hospitality Corp), Indenture (Ultimate Electronics Inc), Supplemental Indenture (Prime Hospitality Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the its rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 3 contracts

Samples: Series B Note Agreement (Hanover Direct Inc), Trust Indenture (Wca Waste Corp), Series a Note Agreement (Hanover Direct Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the duties, rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise 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 2 contracts

Samples: All American Communications Inc, Bissell Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 2 contracts

Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 2 contracts

Samples: Epmr Corp, Transmontaigne Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall 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 their exercise 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 2 contracts

Samples: Indenture (Claxson Interactive Group Inc), Indenture (Tv Filme Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 2 contracts

Samples: CBD Media LLC, Medvest Holdings Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers power vested in it by this Indenture Indenture, and use the same degree of care and skill in 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 2 contracts

Samples: Indenture (Pods Inc), Indenture (Pods Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Supplemental Indenture, and use the same degree of care and skill in their exercise 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 2 contracts

Samples: Supplemental Indenture (Istar Financial Inc), Supplemental Indenture (Istar Financial Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.degree

Appears in 2 contracts

Samples: Pillowtex Corp, Tennessee Woolen Mills Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their 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 2 contracts

Samples: Laroche Industries Inc, Seven Seas Petroleum Inc

Duties of Trustee. (aA) If an Event of Default has occurred and is continuingcontinuing and is actually known to a Responsible Officer of the Trustee, the Trustee 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 their 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 2 contracts

Samples: Equinox Gold Corp., First Majestic Silver Corp

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s their own affairs.

Appears in 2 contracts

Samples: Indenture (Wavetek U S Inc), Hydrochem International Inc

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

Appears in 2 contracts

Samples: Purchase Agreement (Paxson Communications Corp), Purchase Agreement (Paxson Communications Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise its exercise, as a prudent person individual would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.

Appears in 2 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingknown to the Trustee (and is not cured), the Trustee shall exercise the its rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 2 contracts

Samples: Mandalay Resort Group, Mandalay Resort Group

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall 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 their exercise 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 2 contracts

Samples: Paramount Resources LTD, Paramount Resources LTD

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

Appears in 2 contracts

Samples: Bekins Co /New/, Chiles Magellan LLC

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to Securities of any series, the Trustee shall exercise such of the rights and powers vested in it by this Indenture with respect to such Securities and use the same degree of care and skill in their its 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 2 contracts

Samples: Indenture (Cross Equipment Company, Inc.), Cross Equipment Company, Inc.

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 their exercise such 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 2 contracts

Samples: Indenture (World Color Press Inc /De/), World Color Press Inc /De/

Duties of Trustee. (ai) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise 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 2 contracts

Samples: Indenture (Advance Paradigm Inc), Advancepcs Research LLC

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 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 2 contracts

Samples: Indenture (Hard Rock Hotel Inc), Brand Scaffold Services Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 2 contracts

Samples: Indenture (Mission Resources Corp), Indenture (Pan American Energy Finance Corp)

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

Appears in 2 contracts

Samples: Certain Registration Rights Agreement (Terremark Worldwide Inc), Indenture (Medis Technologies LTD)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which it has knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents and use the same degree of care and skill in their exercise 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 1 contract

Samples: Indenture (Alaris Medical Systems Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would 76 exercise or use under the circumstances in the conduct of such person’s Person's own affairs.

Appears in 1 contract

Samples: Diagnostic Pathology Management Services Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Exchange Indenture, and use the same degree of care and skill in their exercise 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 1 contract

Samples: Pca Valdosta Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, of which the Trustee has or is deemed to have notice pursuant to Section 6.1 hereof, the Trustee 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 their exercise 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 1 contract

Samples: Indenture (Sentinel Financing LTD Lp)

Duties of Trustee. (a) If an Event of Default of which the Trustee has notice (to the extent the Trustee is deemed to have notice as expressly provided in Section 7.1(g)) has occurred and is continuing, the Trustee shall exercise the such rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 1 contract

Samples: Michael Petroleum Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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.. (b) Except during the continuance of an Event of Default:

Appears in 1 contract

Samples: Indenture (Bell Microproducts Inc)

Duties of Trustee. (a1.(a) If an Event of Default has occurred and is continuing, the Trustee 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 their its exercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.

Appears in 1 contract

Samples: Commemorative Brands Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall will exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 1 contract

Samples: Indenture (Abraxas Petroleum Corp)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and the other Basic Documents and use the same degree of care and skill in 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 1 contract

Samples: Consumer Portfolio Services Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 1 contract

Samples: Pathmark Stores Inc

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

Appears in 1 contract

Samples: Amf Bowling Worldwide Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 1 contract

Samples: Indenture of Trust (Rotary Power International Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any supplemental indenture (including providing for Guarantees of the Senior Notes and any supplemental indenture required pursuant to Section 4.13 hereof) and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the same circumstances in the conduct of such person’s 's own affairs.

Appears in 1 contract

Samples: Indenture (Superior Telecommunications Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Collateral Documents, and use the same degree of care and skill in their exercise 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 1 contract

Samples: Indenture (Hyperion Telecommunications Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.in

Appears in 1 contract

Samples: Leslie Resources Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuingnot cured, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in 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 1 contract

Samples: Interactive Media Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Collateral Documents, and use the same degree of care and skill in their exercise 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 1 contract

Samples: Indenture (Sf Holdings Group Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers power vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise 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 1 contract

Samples: Kti Inc

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, each of the Trustee and the Collateral Agent 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 their exercise 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 1 contract

Samples: Perkins & Marie Callender's Inc

Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their 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 1 contract

Samples: Indenture (Bellwether Exploration Co)

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

Appears in 1 contract

Samples: Archibald Candy Corp

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his own affairs.

Appears in 1 contract

Samples: Exhibit T3c (Envirosource Inc)

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

Appears in 1 contract

Samples: Indenture (Franks Nursery & Crafts Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their 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 1 contract

Samples: Energy West Inc

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

Appears in 1 contract

Samples: Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc)

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

Appears in 1 contract

Samples: Supplemental Indenture (Crew J Operating Corp)

Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee shall exercise such of the rights rights, as well as the obligations of the Guarantors under their respective Subsidiary Guarantees, and powers vested in it by this Indenture and use the same degree of care and skill in their 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 1 contract

Samples: MTS Inc

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

Appears in 1 contract

Samples: Indenture (Amf Bowling Worldwide Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs."s own affairs.

Appears in 1 contract

Samples: Indenture (Sf Holdings Group Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairsaffairs (subject always to overriding provisions of English law requiring the Trustee to use a higher degree of care and skill at all times).

Appears in 1 contract

Samples: Indenture (Sanitec International Sa)

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

Appears in 1 contract

Samples: Indenture (Dailey Petroleum Services Corp)

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