Appointment of a Successor Clause Samples

Appointment of a Successor. Upon resignation or removal of the Trustee, the Employer shall appoint a successor trustee. Upon failure of the Employer to appoint, or the failure of the effectiveness of the appointment by the Employer of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust Fund and all property of the Trust after deducting therefrom such amounts as the Trustee deems necessary to provide for expenses, taxes, compensation or other amounts due to or by the Trustee pursuant to Sections 4.04 or 5.03 hereof not paid by the Employer prior to the delivery.

Appointment of a Successor. Upon resignation or removal of the Trustee, the Sponsor shall appoint a successor trustee. Upon failure of the Sponsor to appoint, or the failure of the effectiveness of the appointment by the Sponsor of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested co enable the successor trustee to properly admin ister the Trust and all property of the Trust after deducting therefrom such amounts as the Trustee deems necessary to provide for expenses, taxes, compensation or ocher amounts due to or by the Trustee pursuant to the provisions of chis Trust Agreement not paid by the Sponsor prior to the delivery, provided such expenses, taxes, compensation or other amounts are reasonable and such deduction is consistent with the requirements of ERISA.

Appointment of a Successor. Upon resignation or removal of -------------------------- the Trustee, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & Co., Inc., by resolution of its Board of Directors, shall appoint a successor trustee. Upon failure of the Board of Directors to appoint a successor trustee by the effective date of resignation or removal, the individual members of the Board of Directors of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & Co., Inc. shall become successor trustee until another successor trustee is appointed. Upon appointment of the successor trusteethe Trustee shall deliver to the successor trustee such records as may be reasonably required to enable the successor trustee properly to administer the trust fund, and shall deliver to the successor trustee all property of the trust after deducting such amounts as the Trustee deems necessary to provide for expenses, compensation, and taxes.

Appointment of a Successor. Any action to be taken under this Trust Agreement by a Sponsor or other person which is: (a) a corporation shall be taken by the board of directors of the corporation or any person or persons duly empowered by the board of directors to take the action involved, (b) a partnership shall be taken by an authorized general partner of the partnership, (c) a sole proprietorship by the sole proprietor, and (d) a committee shall be taken (i) at a meeting at which a quorum is present by the vote or concurrence of a majority of the members present or (ii) without a meeting by unanimous written consent of the members.

Appointment of a Successor. Upon resignation or removal of the Trustee, the Employer shall appoint a successor trustee, provided that in connection with its resignation, the Trustee may designate another entity to be the successor unless the Employer appoints a successor trustee within 30 days of the notice of resignation. Notwithstanding the foregoing, upon failure of the Employer to appoint, or the failure of the effectiveness of the appointment by the Employer of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Subject to Sections 9.04 and 9.05 hereof, promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust Fund and all property of the Trust.

Appointment of a Successor. Upon any such notice of resignation pursuant to clause (G)(1) above, Requisite Lenders shall appoint a successor Agent (and a successor Canadian Agent, if applicable), which, in each case, unless an Event of Default has occurred and is continuing, shall be subject to Borrowing Agent’s approval. If a successor Agent (and a successor Canadian Agent, if applicable) shall not have been so appointed within the thirty (30) Business Day period referred to in clause (1) above, the retiring Agent, upon notice to Borrowing Agent, shall then appoint a successor Agent (and a successor Canadian Agent, if applicable) which, unless an Event of Default has occurred and is continuing shall be reasonably acceptable to Borrowing Agent who shall serve as Agent (and as Canadian Agent, if applicable) until such time, if any, as Requisite Lenders appoint a successor Agent (and a successor Canadian Agnet, if applicable) as provided above.

Appointment of a Successor. Notwithstanding the dates of effectiveness of resignation or removal, as the case may be, such resignation or removal shall take effect only upon the date of the appointment by the Bank, as hereinafter provided, of a successor Calculation Agent. A successor Calculation Agent shall be appointed by the Bank by an instrument in writing signed on behalf of the Bank and the successor Calculation Agent. Upon the appointment of a successor Calculation Agent and acceptance by it of such appointment, the Calculation Agent so superseded shall cease to be such Calculation Agent hereunder. If within ninety (90) calendar days after notice of resignation or removal has been given, a successor Calculation Agent has not been appointed, the Calculation Agent may, on behalf of the Bank, appoint a successor Calculation Agent or petition a court of competent jurisdiction to appoint a successor Calculation Agent.

Appointment of a Successor. (a) The appointment of a successor Trustee may be made: (i) by instrument in writing executed by or on behalf of the person or persons authorised to make the appointment; (ii) by deed of appointment; or (iii) by any other method permitted by law. (b) On the appointment of a successor ▇▇▇▇▇▇▇ and on execution by the outgoing Trustee and the successor Trustee of all documentation which is required for the outgoing Trustee to effect the appointment of the successor Trustee and to transfer to the successor Trustee the benefit of all rights and obligations (but not the pre-existing liabilities) of the outgoing Trustee under this Deed: (i) the successor Trustee will have all the rights and obligations (but not the pre- existing liabilities) of the outgoing Trustee; and (ii) the outgoing Trustee will be discharged from its rights and obligations, provided that it will remain liable for anything done or omitted to be done by it while it was acting as Trustee. (c) Subject to clause 15.9(d), the Issuer and the outgoing Trustee agree to do all things and execute all documents reasonably necessary or desirable to permit or facilitate the appointment of the successor Trustee that the successor Trustee reasonably requests. Without limitation, the outgoing Trustee must as soon as reasonably practicable upon termination of its appointment becoming effective, deliver to the successor Trustee (or at its direction) all books documents, records, accounts and property relating to the Trust Fund. The outgoing Trustee may, at its own expense, take and keep copies of such books, documents, records, accounts and property delivered under this clause 15.9(c). (d) When a successor ▇▇▇▇▇▇▇ is appointed, the successor Trustee and each other party to this Deed has the same rights and obligations among themselves as they would have had if the successor Trustee had been an original party to this Deed (other than in relation to any accrued rights against the terminated Trustee for default under this Deed). (e) The cost of the appointment of a successor Trustee is to be borne by the Issuer, except where: (i) the Trustee is removed by a Holder Resolution in which case the cost is to borne by the Holders; or (ii) the new Trustee is a Related Body Corporate of the Trustee and is appointed at the request of the Trustee, in which case the cost is to borne by the Trustee. (f) No removal or retirement of the Trustee under this clause 15.9 is effective unless and until a successor Trustee has accep...

Appointment of a Successor. Upon resignation or removal of __________________________ the Trustee, Charles Schwab & Co., Inc., by resolution of its Board of Direct▇▇▇, ▇▇a▇▇ ▇▇▇oint a successor trustee. Upon failure of the Board of Directors to appoint a successor trustee by the effective date of resignation or removal, the individual members of the Board of Directors of Charles Schwab & Co., Inc. shall become successor trustee until ▇▇▇▇▇▇▇ ▇▇▇▇▇▇sor trustee is appointed. Upon appointment of the successor trusteethe Trustee shall deliver to the successor trustee such records as may be reasonably required to enable the successor trustee properly to administer the trust fund, and shall deliver to the successor trustee all property of the trust after deducting such amounts as the Trustee deems necessary to provide for expenses, compensation, and taxes.