Common use of Co-Trustee Clause in Contracts

Co-Trustee. (a) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or Trustee shall INDENTURE (15% Senior Subordinated) be advised by counsel satisfactory to it that it is necessary or prudent in the interest of the Holders, or the Holders of at least 25% in aggregate principal amount of the outstanding Securities shall in writing so request Trustee and Issuer, or Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, Trustee and Issuer shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by Trustee and Issuer, either to act as co-trustee or co-trustees (each a "co-trustee") of all or any of the Collateral, jointly with Trustee, or to act as separate trustee or trustees of any such property. If Issuer shall not have joined in the execution of such instruments and agreements within 10 days after Issuer receives a written request from Trustee to do so, or if an Event of Default has occurred and is continuing, Trustee may act under the foregoing provisions of this Section 6.11 without the concurrence of Issuer. Issuer hereby appoints Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6.11 in either of such contingencies.

Co-Trustee. (a) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or Trustee shall INDENTURE (15% Senior Subordinated) be advised by counsel satisfactory to it that it is necessary or prudent in the interest of the Holders, or the Holders of at least 25% in aggregate principal amount of the outstanding Securities shall in writing so request Trustee and Issuer, or Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, Trustee and Issuer shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by Trustee and Issuer, either to act as co-trustee or co-trustees (each a "co-trustee") of all or any of the Collateral, jointly with Trustee, or to act as separate trustee or trustees of any such property. If Issuer shall not have joined in the execution of such instruments and agreements within 10 days after Issuer receives a written request from Trustee to do so, or if an Event of Default has occurred and is continuing, Trustee may act under the foregoing provisions of this Section 6.11 without the concurrence of Issuer. Issuer hereby appoints Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6.11 in either of such contingencies.

Co-Trustee. (a) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Trustee shall INDENTURE (15% Senior Subordinated) be advised by counsel satisfactory to it it, that it is necessary or prudent in the interest of the Holders, or 25% of the Holders of at least 25% in the aggregate principal amount of the outstanding Securities Notes shall in writing so request the Trustee and Issuerthe Issuers, or the Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, the Trustee and Issuer the Issuers shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or bank, trust company, or one or more persons Persons approved by the Trustee and Issuerthe Issuers, either to act as co-trustee or co-trustees (each a "co-trustee") of all or any of the Collateral, jointly with the Trustee, or to act as separate trustee or trustees of any such property. If Issuer the Issuers shall not have joined in the execution of such instruments and agreements within 10 days after Issuer receives they receive a written request from the Trustee to do so, or if an Event a notice of Default has occurred and acceleration is continuingin effect, the Trustee may act under the foregoing provisions of this Section 6.11 7.12 without the concurrence of Issuerthe Issuers. Issuer The Issuers hereby appoints appoint the Trustee as its their agent and attorney to act for it them under the foregoing provisions of this Section 6.11 7.12 in either of such contingencies.

Co-Trustee. (a) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Trustee shall INDENTURE (15% Senior Subordinated) be advised by counsel satisfactory to it that it is necessary or prudent in the interest of the Holders, or the Holders of at least 25% in aggregate principal amount of the outstanding Securities Notes shall in writing so request the Trustee and Issuerthe Company, or the Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, Trustee the Trustee, the Company and Issuer the Guarantors shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons approved by the Trustee and Issuerthe Company, either to act as co-trustee or co-trustees (each a "co-trustee") of all or any of the Collateral, jointly with the Trustee, or to act as separate trustee or trustees of any such property. If Issuer the Company or the Guarantors shall not have joined in the execution of such instruments and agreements within 10 days after Issuer the Company receives a written request from the Trustee to do so, or if an Event of Default has occurred and is continuing, the Trustee may act under the foregoing provisions of this Section 6.11 7.12 without the concurrence of Issuerthe Company or any Guarantor. Issuer The Company and each of the Guarantors each hereby appoints appoint the Trustee as its agent and attorney to act for it under the foregoing provisions of this Section 6.11 7.12 in either of such contingencies.

Co-Trustee. (a) If at any time or times it shall be necessary or prudent in order to conform to any law of any jurisdiction in which any of the Collateral shall be located, or the Trustee shall INDENTURE (15% Senior Subordinated) be advised by counsel satisfactory to it it, that it is necessary or prudent in the interest of the Holders, or 25% of the Holders of at least 25% in aggregate principal amount of the outstanding Securities shall in writing so request the Trustee and Issuerthe Issuers, or the Trustee shall deem it desirable for its own protection in the performance of its duties hereunder, the Trustee and Issuer the Issuers shall execute and deliver all instruments and agreements necessary or proper to constitute another bank or trust company, or one or more persons Persons approved by the Trustee and Issuerthe Issuers, either to act as co-trustee or co-trustees (each a "co-trustee") of all or any of the Collateral, jointly with the Trustee, or to act as separate trustee or trustees of any such property. If Issuer the Issuers shall not have joined in the execution of such instruments and agreements within 10 days after Issuer receives they receive a written request from the Trustee to do so, or if an Event a notice of Default has occurred and acceleration is continuingin effect, the Trustee may act under the foregoing provisions of this Section 6.11 7.12 without the concurrence of Issuerthe Issuers. Issuer The Issuers hereby appoints appoint the Trustee as its their agent and attorney to act for it them under the foregoing provisions of this Section 6.11 7.12 in either of such contingencies.