Common use of Co-Indenture Trustees and Separate Indenture Trustees Clause in Contracts

Co-Indenture Trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer and the Indenture Trustee shall have power to appoint, and, upon the written request of the Indenture Trustee or of the Noteholders representing at least 25% of the Outstanding Principal Balance, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Indenture Trustee and meeting the eligibility standards for the Indenture Trustee specified in Section 7.08, either to act as Co-Indenture Trustee, jointly with the Indenture Trustee of all or any part of such Trust Estate, or to act as separate Indenture Trustee of any such property (a "Co-Indenture Trustee"), in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request so to do, or in case an Event of Default has occurred and is continuing, the Indenture Trustee alone shall have power to make such appointment.

Appears in 2 contracts

Samples: Nova Corp \Ga\, Nova Corp \Ga\

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Co-Indenture Trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer and the Indenture Trustee shall have power to appoint, and, upon the written request of the Indenture Trustee or Trustee, the Controlling Party and the Owner Trustee, on behalf of the Noteholders representing at least 25% of the Outstanding Principal BalanceTrust, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Indenture Trustee and meeting the eligibility standards for the Indenture Trustee specified in Section 7.08, either to act as Coco-Indenture Trusteetrustee, jointly with the Indenture Trustee Trustee, of all or any part of such the Trust Estate, or to act as separate Indenture Trustee trustee of any such property (a "Co-Indenture Trustee")property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or persons Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this SectionSection 6.13. If the Issuer Owner Trustee, on behalf of the Trust, does not join in such appointment within 15 fifteen (15) days after the receipt by it of a request so to dodo so, or in case an Event of Default has occurred and is continuing, the Indenture Trustee alone shall have power to make such appointment.

Appears in 1 contract

Samples: Indenture (American Business Financial Services Inc /De/)

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Co-Indenture Trustees and Separate Indenture Trustees. (a) At any time or times, for the purpose of meeting the legal requirements of any jurisdiction in which any of the Trust Estate may at the time be located, the Issuer Issuer, the Controlling Party and the Indenture Trustee shall have power to appoint, and, upon the written request of the Indenture Trustee Trustee, the Controlling Party or of the Noteholders Holders representing at least 25% of the in Outstanding Principal BalanceAmount of all Notes, the Issuer shall for such purpose join with the Indenture Trustee in the execution, delivery and performance of all instruments and agreements necessary or proper to appoint, one or more Persons approved by the Indenture Trustee and meeting the eligibility standards for the Indenture Trustee specified in requirements of Section 7.087.08 hereof, either to act as Coco-Indenture Trustee, jointly with the Indenture Trustee of all or any part of such Trust Estate, or to act as separate Indenture Trustee of any such property (a "Co-Indenture Trustee")property, in either case with such powers as may be provided in the instrument of appointment, and to vest in such Person or persons Persons in the capacity aforesaid, any property, title, right or power deemed necessary or desirable, subject to the other provisions of this Section. If the Issuer does not join in such appointment within 15 days after the receipt by it of a request so to do, or in case an Event of Default has shall have occurred and is be continuing, the Indenture Trustee alone shall have power to make such appointment.

Appears in 1 contract

Samples: Indenture (Microfinancial Inc)

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