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 such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in such exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 53 contracts

Samples: Joinder Agreement (Nabors Industries LTD), Joinder Agreement (Nabors Industries LTD), Reconciliation And (Nabors Industries Inc)

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

Appears in 43 contracts

Samples: Standard Commercial Corp, Indenture (Abraxas Petroleum Corp), Indenture (XCL LTD)

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, and use the same degree of care and skill in such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 32 contracts

Samples: Indenture (Delek Logistics Partners, LP), Indenture (Kodiak Gas Services, Inc.), Indenture (Parsley Energy, 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 such of the rights and powers vested in it by this Indenture, and (ii) use the same degree of care and skill in exercising such exercise, rights and powers as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 30 contracts

Samples: Indenture (Gray Television Inc), Gray Television Inc, Supplemental Indenture (E.W. SCRIPPS 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, Indenture and use the same degree of care and skill in such exercise, their exercise as a prudent man Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 26 contracts

Samples: Indenture (Webcraft LLC), Indenture (USA Direct, LLC), Indenture (Vertis 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 such exercise, exercise as a prudent man person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 21 contracts

Samples: Indenture (Chesapeake Energy Corp), Intercreditor Agreement (Chesapeake Energy Corp), Indenture (Gene D. Yost & Son Inc.)

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

Appears in 17 contracts

Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)

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

Appears in 10 contracts

Samples: Indenture (NGL Energy Partners LP), Indenture (CSI Compressco LP), Supplemental Indenture (NGL Energy Partners LP)

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 the Indenture, and use the same degree of care and skill in such exercise, as its exercise that a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 10 contracts

Samples: Indenture (Navajo Transitional Energy Company, LLC), Indenture (Cloud Peak Energy Inc.), Indenture (Sequatchie Valley Coal 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 the exercise of such exercise, rights and powers as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 8 contracts

Samples: Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance Ii Inc)

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

Appears in 8 contracts

Samples: Cabot Corp, Indenture (Cabot Corp), Cabot Corp

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, and use the same degree of care and skill in such their exercise, as a prudent man Person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 7 contracts

Samples: Accuray Incorporated (Accuray Inc), Accuray (Accuray Inc), Accuray Incorporated (Accuray Inc)

Duties of Trustee. (a) If an Event of Default of which the Trustee has knowledge 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 such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 6 contracts

Samples: Indenture (Steinway Musical Instruments Inc), RFS Partnership Lp, RFS Hotel Investors 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, Indenture and use the same degree of care and skill in such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 6 contracts

Samples: Indenture (Dairy Mart Convenience Stores Inc), Mark Iv Industries Inc, Mark Iv Industries Inc

Duties of Trustee. (a) If an Event of Default of which a Responsible 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 such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 6 contracts

Samples: Purchase Agreement (CVS Corp), Indenture (Goss Holdings Inc), Indenture (CVS 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 such its exercise, as a prudent man Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.

Appears in 6 contracts

Samples: Fundamental Change Purchase (Rh), Fundamental Change Purchase (Rh), Indenture (Castle a M & Co)

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

Appears in 5 contracts

Samples: Indenture (Glatfelter Corp), Indenture (Vista Outdoor Inc.), Indenture (Vista Outdoor 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 such their exercise, as a prudent man Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 5 contracts

Samples: Security Agreement (Aes China Generating Co LTD), Indenture (Calpine Corp), Indenture (Calpine Corp)

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, and use the same degree of care and skill in such exerciseskill, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 5 contracts

Samples: Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings Corp.), Indenture (CURO Group 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 vested in it by this Indenture, and use the same degree of care and skill in such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 5 contracts

Samples: Emagin Corp, Emagin Corp, Mimecast LTD

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 of and skill in such their exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 5 contracts

Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.), Indenture (Avantor, 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 such exercise, as a prudent man Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 5 contracts

Samples: Indenture (Southern Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (Southern Natural Gas 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 such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 4 contracts

Samples: Indenture (Delta Natural Gas Co Inc), Indenture (Delta Natural Gas Co Inc), Indenture (Delta Natural Gas Co Inc)

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

Appears in 4 contracts

Samples: Indenture (Seitel Capital Trust Ii), Seitel Capital Trust Ii, R&b Falcon Corp

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

Appears in 4 contracts

Samples: Indenture and Security Agreement (Union Tank Car Co), Indenture (Union Tank Car Co), New York Telephone Co

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 such exercise, their exercise as a prudent man person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 4 contracts

Samples: Indenture (Aqua America Inc), Aqua America Inc, Aqua America 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 such exercise, their exercise as a prudent man Person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 4 contracts

Samples: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall shall, subject to Section 6.02, exercise such of the its rights and powers vested in it by this Indenture, and use the same degree of care and skill in such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Toll Brothers Inc, Toll Brothers Inc, Toll Brothers 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 such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Credit Acceptance Corp), Credit Acceptance Corp, Indenture (Credit Acceptance 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 shall use the same degree of care and skill in such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Concord Camera Corp), Senior Note Indenture (Intermedia Communications Inc), Indenture (MGC Communications 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 such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his such man's own affairs.

Appears in 3 contracts

Samples: Plans Assumption Agreement (Rev Holdings LLC), Indenture (Rev Holdings LLC), Indenture (Revlon Worldwide Parent Corp)

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

Appears in 3 contracts

Samples: Indenture (Bellsouth Corp), Bellsouth Corp, Bellsouth Corp

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

Appears in 3 contracts

Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts 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 such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Toll Corp), Toll Brothers Inc, Toll Brothers 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 the Indenture, and use the same degree of care and skill in such exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Duties of Trustee. (a) If an Event of Default has occurred and is continuingshall occur (which shall not be cured), 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 such its exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (Avatex Corp), Indenture (Avatex Funding Inc), Duane Reade 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 such exercise, their exercise as a prudent man Person would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 3 contracts

Samples: Indenture (MTS Inc), MTR Gaming Group Inc, Activant Solutions 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 such exercise, its exercise as a prudent man person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 3 contracts

Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (Churchill Downs Inc), Indenture (Warren Resources 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 such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Supplemental Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp), K&f Industries Inc

Duties of Trustee. (a) If 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, Indenture and use the same degree of care and skill in such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Indenture (FMC Corp), Dean Foods Co, Wellpoint Health Networks Inc /Ca/

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 them by this Indenture, Indenture and use the same degree of care and skill in such exercise, its exercise as a prudent man would exercise or use under the same circumstances in the conduct of his own affairs.

Appears in 3 contracts

Samples: Canwest Media Inc, Canwest Media Inc, Canwest 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 such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his such man's own affairs.

Appears in 3 contracts

Samples: Indenture (Revlon Consumer Products Corp), Indenture (Revlon Consumer Products Corp), Indenture (Revlon 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 IndentureIndenture and the Security Documents, and use the same degree of care and skill in such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (ReFinance America, LTD), Cenveo, Inc

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

Appears in 2 contracts

Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)

Duties of Trustee. (a) 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 such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (Toll Brothers Inc), Toll Brothers 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 such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 2 contracts

Samples: Indenture (Surgalign Holdings, Inc.), RTI Surgical 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 shall use the same degree of care and skill in such exercise, their exercise as a prudent man Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 2 contracts

Samples: Indenture (Azteca Holdings Sa De Cv), Indenture (Azteca Holdings Sa De Cv)

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

Appears in 2 contracts

Samples: Indenture (Bell Atlantic New Jersey Inc), Bell Atlantic Pennsylvania 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, Indenture and use the same degree of care and skill in such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Senior Indenture (Mesa Inc), Mesa Inc

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

Appears in 2 contracts

Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)

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 such exercise, their exercise as a prudent man would exercise exer- cise or use under the same circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Samsonite Holdings Inc, Park Ohio Industries 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 such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (Fonda Group Inc), Supplemental Indenture (Plainwell 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 the Indenture, and use the same degree of care and skill in such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (PVR Partners, L. P.), Supplemental Indenture (Atlas Energy Resources, 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 the Indenture, and use the same degree of care and skill in such exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (Williams Companies Inc), Supplemental Indenture (Northwest Pipeline Corp)

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

Appears in 2 contracts

Samples: Restricted Stock Agreement (Jordan Industries Inc), Indenture (Jordan Industries Inc)

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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 such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)

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

Appears in 1 contract

Samples: Corecomm Inc

Duties of Trustee. (a) If an Event of Default with respect to any tranche of Notes 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 such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Global Crossing Holdings LTD

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

Appears in 1 contract

Samples: Global Crossing LTD

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

Appears in 1 contract

Samples: Pacific Bell

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 Nineteenth Supplemental Indenture, and use the same degree of care and skill in such its exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his such person’s own affairs.

Appears in 1 contract

Samples: HCA Healthcare, 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 such exerciseits exercise thereof, as a prudent man would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 1 contract

Samples: Indenture (Dan River Inc /Ga/)

Duties of Trustee. (a) If 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 such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Asia Global Crossing LTD

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 shill in such exercise, its exercise as a prudent man person would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 1 contract

Samples: Ameristeel Corp

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

Appears in 1 contract

Samples: Indenture (Golden State Holdings Inc)

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

Appears in 1 contract

Samples: Texaco 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 such its exercise, as a prudent man would exercise or use under the same circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (Global Partners Lp)

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

Appears in 1 contract

Samples: Stater Bros Holdings 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 such exercise, its exercise as a prudent man person would exercise or use under the same circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Covenants (Hayes Wheels 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 such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (Riviera 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 vested in it by this Indenture, Indenture and use the same degree of care and skill in such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his such man's own affairs.

Appears in 1 contract

Samples: Asset Transfer Agreement (Rev 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 such exercise, their exercise as a prudent man person would exercise or use under the circumstances in the conduct of his such person’s own affairsaffairs under the same circumstances.

Appears in 1 contract

Samples: Indenture (Redwood Trust 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, and use the same degree of care and skill in such its exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his such per- son’s own affairs.

Appears in 1 contract

Samples: Intercreditor Agreement

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

Appears in 1 contract

Samples: Plantronics Inc /Ca/

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 de- gree of care and skill in such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Sassco Fashions LTD /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 use the same degree of care and skill in such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: JCC Holding 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, Indenture and use the same degree of care and skill in such exercise, its exercise thereof as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (Southwest Royalties Holdings Inc)

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

Appears in 1 contract

Samples: Supplemental Indenture (Chesapeake Energy Corp)

Duties of Trustee. (a) If In case an Event of Default has occurred and is continuingshall occur (which shall not be cured), 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 such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (Actuant Corp)

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

Appears in 1 contract

Samples: Indenture (International Lease Finance 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 under this Indenture, Indenture and use the same degree of care and skill in such exercise, the exercise of those rights and powers as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.)

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

Appears in 1 contract

Samples: Supplemental Indenture (Jagged Peak Energy Inc.)

Duties of Trustee. (a) If an Event of Default has occurred and is continuing, and subject to compliance with applicable gaming laws, 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 such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (Harrahs Entertainment 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 such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Paying Agent (Standard Pacific Corp /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 such exercise, its exercise of those rights and powers as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Willbros 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 Exchange Debenture Indenture, and use the same degree of care and skill in such its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (Cumulus Media Inc)

Duties of Trustee. (a) If an Event one or more Events of Default has occurred and is continuingshall have happened, then, during the continuance thereof, 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 such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Sears 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 vested in it by this Indenture, Indenture and use the same degree of care and skill in such exercise, their exercise as a prudent man would exercise or use under the circumstances in the conduct of his its own affairs.

Appears in 1 contract

Samples: Standex International Corp/De/

Duties of Trustee. (a) If In case an Event of Default has occurred and is continuingshall occur (which shall not be cured), 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 such their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his such person's own affairs.

Appears in 1 contract

Samples: American Pacific Corp

Duties of Trustee. (a) If During the existence of an Event of Default has occurred and is continuingDefault, 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 such exercise, its exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Appears in 1 contract

Samples: Indenture (LSB Industries Inc)

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