Common use of Appointment of Additional and Separate Trustees Clause in Contracts

Appointment of Additional and Separate Trustees. (a) Whenever (i) the Mortgagee shall deem it necessary or desirable in order to conform to any Law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, this Trust Indenture, any other Indenture Agreement, the Equipment Notes or any of the transactions contemplated by the Participation Agreement, (ii) the Mortgagee shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interests of the Note Holders (and the Mortgagee shall so advise the Owner), or (iii) the Mortgagee shall have been requested to do so by a Majority in Interest of Note Holders, then in any such case, the Mortgagee and, upon the written request of the Mortgagee, the Owner, shall execute and deliver an indenture supplemental hereto and such other instruments as may from time to time be necessary or advisable either (1) to constitute one or more bank or trust companies or one or more persons approved by the Mortgagee, either to act jointly with the Mortgagee as additional trustee or trustees of all or any part of the Collateral, or to act as separate trustee or trustees of all or any part of the Collateral, in each case with such rights, powers, duties and obligations

Appears in 1 contract

Samples: Intercreditor Agreement (Southwest Airlines Co)

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Appointment of Additional and Separate Trustees. (a) Whenever (i) the Mortgagee shall deem it necessary or desirable in order to conform to any Law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, this Trust Indenture, any other Indenture Agreement, the Equipment Notes or any of the transactions contemplated by the Participation Agreement, (ii) the Mortgagee shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interests of the Note Holders (and the Mortgagee shall so advise the Owner), or (iii) the Mortgagee shall have been requested to do so by a Majority in Interest of Note Holders, then in any such case, the Mortgagee and, upon the written request of the Mortgagee, the Owner, shall execute and deliver an indenture supplemental hereto and such other instruments as may from time to time be necessary or advisable either (1) to constitute one or more bank or trust companies or one or more persons approved by the Mortgagee, either to act jointly with the Mortgagee as additional trustee or trustees of all or any part of the Collateral, or to act as separate trustee or trustees of all or any part of the Collateral, in each case with such rights, powers, duties and obligationsobligations consistent with this Trust Indenture as may be provided in such supplemental

Appears in 1 contract

Samples: Continental Airlines Inc /De/

Appointment of Additional and Separate Trustees. (a) Whenever (i) the Mortgagee shall deem it necessary or desirable in order to conform to any Law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, this Trust Indenture, any other Indenture Agreement, the Equipment Notes or any of the transactions contemplated by the Participation Agreement, (ii) the Mortgagee shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interests of the Note Holders (and the Mortgagee shall so advise the Owner), or (iii) the Mortgagee shall have been requested to do so by a Majority in Interest of Note Holders, then in any such case, the Mortgagee and, upon the written request of the Mortgagee, the Owner, shall execute and deliver an indenture supplemental hereto and such other instruments as may from time to time be necessary or advisable either (1) to constitute one or more bank or trust companies or one or more persons approved by the Mortgagee, either to act jointly with the Mortgagee as additional trustee or trustees of all or any part of the Collateral, or to act as separate trustee or trustees of all or any part of the Collateral, in each case with such rights, powers, duties and obligationsobligations consistent with this Trust Indenture as may be provided in such supplemental indenture or other instruments as the Mortgagee or a Majority in Interest of

Appears in 1 contract

Samples: Continental Airlines Inc /De/

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Appointment of Additional and Separate Trustees. (a) Whenever (i) the Mortgagee Trustee shall deem it necessary or desirable in order to conform to any Law law of any jurisdiction in which all jurisdiction, or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, this Trust Indenture, any other Indenture Agreement, the Equipment Notes or any of the transactions contemplated by the Participation Agreement, (ii) the Mortgagee Trustee shall be advised by counsel counsel, satisfactory to it it, that it is so necessary or prudent and in the interests interest of the Note Holders (and of Securities of any series or in the Mortgagee shall so advise event that the Owner), or (iii) the Mortgagee Trustee shall have been requested to do so by the Holders of a Majority majority in Interest principal amount of Note Holders, the Securities of any series then in any such caseOutstanding, the Mortgagee and, upon Trustee and the written request of the Mortgagee, the Owner, Company shall execute and deliver an indenture supplemental hereto and such all other instruments as may from time to time be and agreements necessary or advisable either (1) proper to constitute one or more another bank or trust companies company, or one or more persons approved Persons appointed by the MortgageeCompany, either to act jointly with the Mortgagee as additional trustee or trustees of all or any part of hereunder, jointly with the CollateralTrustee, or to act as separate trustee or trustees of all or any part of the Collateralhereunder, in each any such case with such rightspowers with respect to the affected series of Securities as may be provided in such indenture supplemental hereto, powersand to vest in such bank, duties and obligationstrust company or Person as such additional trustee or separate trustee, as the case may be, any property, title, right or power of the Trustee with respect to the affected series of Securities deemed necessary or advisable by the Trustee, subject to the provisions of this Section below set forth. In the event the Company shall not have joined in the execution of such indenture supplemental

Appears in 1 contract

Samples: Hussmann International Inc

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