Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Officer of the Trustee has written notice, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related document, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Officer has not received written notice; and provided, further that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s negligence or willful misconduct.
Appears in 13 contracts
Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp)
Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Officer of the Trustee has actual knowledge or received written notice, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related documentIndenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Officer has not received written notice; and provided, further that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s negligence or willful misconduct.
Appears in 5 contracts
Samples: Base Indenture (Conns Inc), Base Indenture (Conns Inc), Base Indenture (Conns Inc)
Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Officer of the Trustee has written noticeactual knowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related documentIndenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Officer does not have actual knowledge or has not received written notice; and provided, further that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s negligence or willful misconduct.
Appears in 2 contracts
Samples: Base Indenture (CHS Inc), CHS Inc
Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Officer of the Trustee has written noticeknowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related documentIndenture, and use the same degree of care and skill in their exercise, as a prudent man individual would exercise or use under the circumstances in the conduct of his or her own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Officer has not received written notice; and provided, further further, that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s negligence or willful misconduct.
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Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Officer of the Trustee has written notice, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related document, and use the same degree of care and skill in their exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his its own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Officer has not received written notice; and provided, further that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s negligence or willful misconduct.
Appears in 1 contract
Samples: Oportun Financial Corp
Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Officer of the Trustee has written noticeknowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related documentIndenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Officer has not received written notice; and provided, further that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s 's negligence or willful misconduct.
Appears in 1 contract
Samples: Indenture (Conns Inc)
Duties of the Trustee. (a) If an Event of Default has occurred and is continuing, and of which a Trust Responsible Officer of the Trustee has written noticeknowledge, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and any related documentIndenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs; provided, however, that the Trustee shall have no liability in connection with any action or inaction taken, or not taken, by it upon the deemed occurrence of an Event of Default of which a Trust Responsible Officer has not received written notice; and provided, further that the preceding sentence shall not have the effect of insulating the Trustee from liability arising out of the Trustee’s 's negligence or willful misconduct.
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