Common use of Duties of Trustee Clause in Contracts

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 43 contracts

Samples: Indenture (NRG Energy Inc), Indenture (Del Monte Foods Co), Doe Run Resources Corp

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Duties of Trustee. (a) If a Default or an Event of Default with respect to the Securities 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 its exercise thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 35 contracts

Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 32 contracts

Samples: Indenture (Kerzner International Employment Services LTD), Indenture (Sun International Hotels LTD), Indenture (Sun International North America 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 its their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 31 contracts

Samples: Indenture (Nbty Inc), Indenture (Metris Companies Inc), Indenture (America Bank Note Holographics 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 27 contracts

Samples: Indenture (Roma Fort Worth Inc), Indenture (Hermes Europe Railtel B V), Indenture (United Auto Group 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 23 contracts

Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Transwitch Corp /De)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any Series of Securities, 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 21 contracts

Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Indenture (PLBY Group, 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 18 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall with respect to Securities 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 their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 18 contracts

Samples: Lockheed Martin Corp, Indenture (Lockheed Martin Corp), Lockheed Martin Corp

Duties of Trustee. (a) The duties and responsibilities of the Trustee are as provided by the TIA and as set forth herein. 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 16 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

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 its such exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 16 contracts

Samples: FedNat Holding Co, Indenture (Tampa DC, LLC), FEDNAT HOLDING Co

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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 14 contracts

Samples: Indenture (Stagwell Inc), Indenture (Asap Software Express Inc), Indenture (Asap Software Express 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 or exercise the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 13 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)

Duties of Trustee. (a) If a Default or an Event of Default has occurred (and is continuinghas not been cured), the Trustee shall shall, in the exercise such of the rights and powers vested in it by this Indenture and its power, use the same degree of care and skill in its exercise thereof as of a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 13 contracts

Samples: Indenture (OUTFRONT Media Inc.), Second Lien Intercreditor Agreement (Entercom Communications Corp), Indenture (OUTFRONT Media 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 12 contracts

Samples: Indenture (Capstar Broadcasting Partners Inc), Indenture (Perry-Judds Inc), Indenture (Chancellor Radio Broadcasting Co)

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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 12 contracts

Samples: Tia Indenture (Hallmark America Inc), Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Sun Healthcare Group Inc)

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

Appears in 12 contracts

Samples: Indenture (Magnum Hunter Resources Inc), Indenture (Phibro Animal Health Corp), Atc Group Services Inc /De/

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

Appears in 11 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (FTAI Aviation Ltd.), Junior Priority Intercreditor Agreement (FTAI Infrastructure LLC)

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 the Basic Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 11 contracts

Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services 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 the Security Documents, and use the same degree of care and skill in its exercise thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 11 contracts

Samples: Indenture (BlueLinx Holdings Inc.), Salem Media Group, Inc. /De/, Intercreditor Agreement (Ryerson Holding 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 Indenture, and use the same degree of care and skill in its exercise thereof thereof, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 10 contracts

Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Supplemental Indenture (Vici Properties 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 its exercise thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 9 contracts

Samples: Superior Essex Inc, Covenants (Readers Digest Association Inc), Indenture (Mobile Mini 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 9 contracts

Samples: Indenture (Mueller Industries Inc), Indenture (Mueller Industries Inc), Execution Copy (Getty Images Inc)

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

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 8 contracts

Samples: Indenture (Grupo Financiero Galicia Sa), Indenture (Grupo Financiero Galicia Sa), Indenture (Arcos Dorados Holdings 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 its exercise thereof of those rights and powers as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 7 contracts

Samples: Indenture (Willbros Group Inc), Indenture (Komag Inc /De/), Indenture (Concord Communications Inc)

Duties of Trustee. (a) The duties and responsibilities of the Trustee shall be as provided by the TIA. 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his their own affairs.

Appears in 7 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing and has not been waived, 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 6 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 6 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp), Supplemental Indenture (American Greetings 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 the Security Documents, and use the same degree of care and skill in its exercise thereof exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 6 contracts

Samples: Indenture (Jack Cooper Logistics, LLC), Indenture (Cenveo, Inc), Indenture (Cenveo, 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 6 contracts

Samples: Indenture (Wickes Inc), Lien Subordination Agreement (Wickes Inc), Indenture (Trism Inc /De/)

Duties of Trustee. (aA) 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 5 contracts

Samples: _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), Execution (Building Materials Corp of America)

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 shall use the same degree of care and skill in its exercise thereof as a prudent person man or woman would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 5 contracts

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

Duties of Trustee. (ai) If a Default or With respect to the Securities of any series, 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 its exercise thereof their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 5 contracts

Samples: Indenture (Uhc Capital I), Indenture (United Healthcare Corp), Indenture (Olympic Financial LTD)

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 Agreement and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs; provided, however, that if the Trustee shall assume the duties of the Servicer pursuant to Section 9.02, the Trustee in performing such duties shall use the degree of skill and attention customarily exercised by a servicer with respect to automobile receivables that it services for itself or others.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Ml Asset Backed Corp), Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Ii 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 its exercise thereof of those rights and powers as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 5 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Indenture (CTS Corp), Sirius Xm Radio 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 5 contracts

Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Restricted Notes (Comstock Resources 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 5 contracts

Samples: Indenture (Comforce Corp), Indenture (H R Window Supply Inc), Comforce 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 5 contracts

Samples: Pledge Agreement (Coinmach Service Corp), Coinmach Laundry Corp, Coinmach Laundry Corp

Duties of Trustee. (a) If a Default has occurred and is continuing or an Event of Default or acceleration has occurred and is continuinghas not been properly waived or rescinded, 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 its their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 4 contracts

Samples: American Spectrum Realty Inc, CNL American Properties Fund Inc, CNL American Properties Fund Inc

Duties of Trustee. (a) If a Default or In case 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 its exercise thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 4 contracts

Samples: electroCore, Inc., electroCore, Inc., Indenture (Jakks Pacific 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 its exercise thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 4 contracts

Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), Indenture (Bok Financial Corp Et Al), Indenture (Bok Financial Corp Et Al)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to the Notes, 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 its the exercise thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 4 contracts

Samples: Indenture (Altra Industrial Motion Corp.), Indenture (Valvoline Inc), Indenture (Valvoline Inc)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any series of Securities, 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 4 contracts

Samples: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc), Sun International Hotels LTD

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 3 contracts

Samples: Indenture (Natura &Co Holding S.A.), Indenture (Natura &Co Holding S.A.), Indenture (Hines Horticulture 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 the Security Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the same circumstances in the conduct of his such person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp), Skyterra Communications 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (HPSC Inc), Ekco Group Inc /De/, HPSC 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 its exercise thereof thereof, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc), Altra Holdings, Inc.

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

Appears in 3 contracts

Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP), Supplemental Indenture (QTS Realty Trust, Inc.)

Duties of Trustee. (a) If a Default or In case 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 its their exercise thereof as that a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Yum Brands Inc), Non Disturbance Agreement (Yum Brands Inc), Yum Brands 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 3 contracts

Samples: Indenture (Jones Apparel Group Inc), Jones Apparel Group Inc, Jones Apparel Group 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Glaxosmithkline PLC), Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 3 contracts

Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Transportation Technologies Industries Inc), Couche Tard (3055854 Nova Scotia Co), Delta Financial 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 3 contracts

Samples: Indenture (Covanta Energy Corp), Covanta Energy Corp, Danielson Holding 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 its their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)

Duties of Trustee. (a) If a Default or an Event of Default with respect to the Secured Notes 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 3 contracts

Samples: Intercreditor Agreement (Sinclair Broadcast Group Inc), Collateral Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee shall shall, with respect to Securities 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 their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 3 contracts

Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc)

Duties of Trustee. (a) If a Default or In case 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 its exercise thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (BGC Partners, Inc.), Indenture (Regis Corp), Indenture (Regis Corp)

Duties of Trustee. (a) If a Default or an Event of Default with respect to any series of Securities has occurred and is continuing, the Trustee shall exercise with respect to Securities of such series 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 thereof exercise, as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Chesapeake MLP Operating LLC), Access Midstream Partners Lp, Access Permian Midstream LLC

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 3 contracts

Samples: Indenture (Globe Holdings Inc), Kilovac International Inc, Globe Manufacturing Corp

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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 its exercise thereof exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 3 contracts

Samples: Fifth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Lear Corp

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Trustee has received written notice, 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 3 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

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 its exercise thereof as a prudent person in a similar capacity would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 3 contracts

Samples: Indenture (Quanex Corp), Indenture (Americredit Financial Services of Canada LTD), Indenture (Americredit Corp)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any Series of Securities, 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 3 contracts

Samples: Indenture (CFM v R Tesco Inc), Indenture (Jones Apparel Group Usa Inc), Lucent Technologies 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 its exercise thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Omnova Solutions Inc), Indenture (Keystone Consolidated Industries Inc), Loomis Fargo & Co

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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 3 contracts

Samples: Cooperative Computing Inc /De/, Carson Products Co, Cooperative Computing Inc /De/

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 the Security Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 2 contracts

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

Duties of Trustee. (a) If 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.;

Appears in 2 contracts

Samples: Power Solutions International, Inc., Spartan Stores Inc

Duties of Trustee. (a) If a Default or an Event of Default or 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (Hancock Holding Co), Hancock Holding Co

Duties of Trustee. (a) If a Default or an Event with respect to the Securities of Default a series 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Indenture (Total Waste Management Corp.), Indenture (Total Waste Management 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Fedders Corp /De, Fedders North America Inc

Duties of Trustee. (a) 1. If a Default or an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any Series, 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 its exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Usg Corp, Usg 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.;

Appears in 2 contracts

Samples: Indenture (Sonic Automotive Inc), Sonic Automotive 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 2 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al)

Duties of Trustee. (a) If a Default or an Event of Default has occurred (and is continuinghas not been cured), the Trustee shall exercise such of the rights and powers vested in it by this Indenture and and, in the exercise of its power, use the same degree of care and skill in its exercise thereof as of a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (Cumulus Media Inc), Cumulus Media Inc

Duties of Trustee. (a) If a Default or an Event of Default of which a Trust Officer of the Trustee is actually aware 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Color Spot Nurseries Inc, Color Spot Nurseries Inc

Duties of Trustee. (a) If a Default or an Event of Default with respect to any Series of Securities 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 2 contracts

Samples: Paying Agent (Molson Coors Brewing Co), Molson Coors Brewing Co

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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 2 contracts

Samples: Indenture (Global Telesystems Europe B V), Global Telesystems Europe B V

Duties of Trustee. (a) If a Default or a)If an Event of Default has occurred and is continuingcontinuing (which has not been waived), 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 2 contracts

Samples: Execution Version (Kronos Worldwide Inc), Supplemental Indenture (Kronos Worldwide Inc)

Duties of Trustee. (a) If a Default or an Event of Default with respect to any series of Securities 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 2 contracts

Samples: Indenture (Starwood Hotels & Resorts), Starwood Hotel & Resorts Worldwide 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Sotherly Hotels Lp, Sotherly Hotels Lp

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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 2 contracts

Samples: Indenture (VM Holding S.A.), Indenture (Alestra)

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

Appears in 2 contracts

Samples: EDGEWELL PERSONAL CARE Co, EDGEWELL PERSONAL CARE Co

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any Series of Securities, 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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 2 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export 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 the Security Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Indenture (Hi-Crush Inc.), Collateral and Security Documents (Exide Technologies)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any Series, 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 2 contracts

Samples: Indenture (Fluor Corp), Indenture (Wellpoint Health Networks Inc /Ca/)

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 its their exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Interline (Interline Brands, Inc./De), Tri City Dialysis Center Inc

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing on Securities of any series, the Trustee 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 their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Manor Care (Manor Care Inc/New), Manor Care Inc/New

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 its their exercise thereof as a prudent person Person would exercise or use under the same circumstances in the conduct of his such Person's own affairs.

Appears in 1 contract

Samples: Indenture (United Industries 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 Debenture Indenture and use the same degree of care and skill in its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Wec Co

Duties of Trustee. (a) If a Default or an Event of Default with respect to the Securities 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 1 contract

Samples: Starwood Hotel & Resorts Worldwide Inc

Duties of Trustee. (ai) 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 its their exercise thereof as a prudent person Person would exercise or use under the same circumstances in the conduct of his such Person's own affairs.

Appears in 1 contract

Samples: Indenture (United Industries 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 1 contract

Samples: Williams Scotsman (Williams Scotsman Inc)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any Series, 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Duties of Trustee. (a) If After 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 its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Transamerican Energy Corp

Duties of Trustee. (a) If a Default or an Event of Default of which a Trust Officer of the Trustee is aware 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Smiths Food & Drug Centers 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 its exercise thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 1 contract

Samples: Ezcorp Inc

Duties of Trustee. (a) If 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 its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.;

Appears in 1 contract

Samples: Blyth Inc

Duties of Trustee. (a1) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any series, 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 its exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: CBRL Group Inc

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