Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 405 contracts
Samples: Vistra Corp., ESAB Corp, Supplemental Indenture (Civitas Resources, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 326 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Radio One, Inc.), Indenture (Change Healthcare Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 239 contracts
Samples: Indenture (Intelsat S.A.), Indenture (Broadwing Inc), Indenture (Phillips 66 Partners Lp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 237 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Credit Agreement (Cornell Companies Inc), Supplemental Indenture (Bz Intermediate Holdings LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 192 contracts
Samples: Indenture (Norbord Inc.), Indenture, Wynn Las Vegas LLC
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 151 contracts
Samples: Indenture (Transocean Ltd.), Intercreditor Agreement (Rotech Healthcare Inc), Indenture (Univar Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 145 contracts
Samples: Supplemental Indenture (Petrolera San Antonio S.A.), Indenture (Warner Music Group Corp.), Indenture (Scientific Games Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 144 contracts
Samples: Indenture (Newell Rubbermaid Inc), Indenture (Primus Guaranty LTD), Indenture (PPG Industries Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 132 contracts
Samples: Indenture (Owens-Illinois Group Inc), Indenture (Intevac Inc), Indenture (Guitar Center Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 100 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Key Energy Services Inc), Indenture (Baytex Energy Corp.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 98 contracts
Samples: Supplemental Indenture (Capmark Finance Inc.), Indenture (Concordia Healthcare Corp.), Indenture (ANTERO RESOURCES Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 97 contracts
Samples: Indenture (Midwest Generation LLC), Indenture (Metaldyne Corp), Execution Copy (M & F Worldwide Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 87 contracts
Samples: Indenture (Bausch Health Companies Inc.), Indenture (Arvinmeritor Inc), Credit Agreement (Music123, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 86 contracts
Samples: Indenture (Avis Budget Group, Inc.), Pledge Agreement (Mbia Inc), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 85 contracts
Samples: Indenture (Civeo Corp), Indenture (Columbia Pipeline Group, Inc.), Patterson (Patterson Uti Energy Inc)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 81 contracts
Samples: Indenture (Warner Music Group Corp.), Indenture (Omega Healthcare Investors Inc), Supplemental Indenture (Trestle Transport, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 72 contracts
Samples: Indenture (Toreador Resources Corp), Indenture (Sequoia Mortgage Funding Corp), Indenture (Meritage Homes CORP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 66 contracts
Samples: Indenture (Essar Steel Algoma Inc.), Collateral Agreement (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 64 contracts
Samples: Indenture (Sibanye Gold LTD), Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 64 contracts
Samples: Indenture (Homex Development Corp.), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 63 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (NGA Holdco, LLC), Indenture (Videotron Ltee)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenturehereby, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 51 contracts
Samples: Indenture (Veritex Holdings, Inc.), Indenture (City Holding Co), Indenture (City Holding Co)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the same circumstances in the conduct of such person’s his own affairs.
Appears in 49 contracts
Samples: Indenture (Shore Bancshares Inc), Indenture (GTC Biotherapeutics Inc), Indenture (GTC Biotherapeutics Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 44 contracts
Samples: Indenture (Avago Technologies LTD), Indenture (Quantum Corp /De/), Indenture (Quantum Corp /De/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 38 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (Reborn Coffee, Inc.), Intercreditor Agreement (Merge Healthcare Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 37 contracts
Samples: Indenture (Endeavour International Corp), Supplemental Indenture (Comstock Oil & Gas, LP), Indenture (Exco Resources Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this IndentureIndenture on behalf of the Holders, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 34 contracts
Samples: Indenture (Stericycle Inc), Indenture (Iqvia Holdings Inc.), Indenture (Vine Energy Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 32 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Oil & Gas GP, LLC), Registration Rights Agreement (Comstock Oil & Gas, LP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 29 contracts
Samples: Indenture (Viking Holdings LTD), Senior Notes Indenture (Hanesbrands Inc.), Indenture (A.W. Realty Company, LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 29 contracts
Samples: Indenture (Phi Inc), Indenture (Nortel Networks LTD), Indenture (Midwest Banc Holdings Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its such exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 25 contracts
Samples: Indenture (Westlake International CORP), Indenture (Heritage Propane Partners L P), Indenture (Westlake International CORP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 25 contracts
Samples: Senior Notes Indenture (Garden SpinCo Corp), Indenture (Permian Resources Corp), Senior Notes Indenture (AdaptHealth Corp.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 23 contracts
Samples: Indenture (Cco Holdings LLC), Indenture (Cco Holdings Capital Corp), Guaranteed Indebtedness (Charter Communications, Inc. /Mo/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this IndentureIndenture or an indenture supplemental hereto, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.
Appears in 22 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (PRGX Global, Inc.), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 21 contracts
Samples: Indenture (Videotron Ltee), Subordination Agreement (Sun Media Corp), Management Agreement (International Specialty Products Inc /New/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 21 contracts
Samples: Indenture (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Indenture (Tesoro Logistics Lp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 20 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Lear Corp /De/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Trustee has actual notice, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 20 contracts
Samples: Supplemental Indenture (Herbalife Ltd.), Supplemental Indenture (Post Holdings, Inc.), Indenture (Herbalife Nutrition Ltd.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 17 contracts
Samples: Indenture (Oak Ridger LLC), Covenants (Dole Food Co Inc), Indenture (RLJ Lodging Trust)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers expressly vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 15 contracts
Samples: Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC), Indenture (Endo International PLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 15 contracts
Samples: Indenture (Tupperware Brands Corp), Indenture (American Airlines Inc), Financing Agreement (Waterford Gaming Finance Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 15 contracts
Samples: Indenture (Fairpoint Communications Inc), Registration Rights Agreement (Integrated Electrical Services Inc), Warrant Agreement (Iridium Capital Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 14 contracts
Samples: Supplemental Indenture (BALL Corp), Indenture (Ball Corp), Indenture (Ball Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 14 contracts
Samples: Indenture (Libbey Inc), Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 13 contracts
Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Leucadia National Corp
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 13 contracts
Samples: Indenture (Clark Material Handling Co), Indenture (Atlantic Express Transportation Corp), Indenture (Majestic Star Casino LLC)
Duties of Trustee. (a) If an Event of Default actually known to a Trust Officer has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of such person’s his or her own affairs.
Appears in 13 contracts
Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Duties of Trustee. (a) If an Event of Default has ------------------ occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 12 contracts
Samples: Exchange Indenture (Hudson Respiratory Care Inc), Indenture (Telecorp PCS Inc), Indenture (Glenoit Asset Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 12 contracts
Samples: Supplemental Indenture (FS Energy & Power Fund), Indenture (New Residential Investment Corp.), Indenture (Rithm Capital Corp.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 11 contracts
Samples: Indenture (Carrols Corp), Indenture (Grupo Aval Acciones Y Valores S.A.), Indenture (Chrysler Group LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 11 contracts
Samples: Indenture (CNH Global N V), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 10 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Indenture (CCH Ii Capital Corp), Indenture (Charter Communications Inc /Mo/)
Duties of Trustee. (a) If an Event of Default of which a Trust Officer has knowledge and has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 10 contracts
Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Intercreditor Agreement (Carvana Co.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenturehereby, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 10 contracts
Samples: Indenture (Rattler Midstream Lp), Indenture (Bonanza Creek Energy, Inc.), Supplemental Indenture (Oasis Petroleum Inc.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 9 contracts
Samples: First Franklin Financial Corp, 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 9 contracts
Samples: Indenture (Petroquest Energy Inc), Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 9 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 8 contracts
Samples: Indenture (Lamar Advertising Co), Sprint Spectrum L P, Sprint Spectrum Finance Corp
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 8 contracts
Samples: Indenture (Videotron Ltee), Indenture (Videotron Ltee), Indenture (Videotron Ltee)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 8 contracts
Samples: Indenture (Telewest Communications PLC /New/), Indenture (GPPW Inc), Indenture (Carrols Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 8 contracts
Samples: Indenture (Huntsman International LLC), Indenture (Huntsman International LLC), Indenture (Huntsman CORP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingContinuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 6 contracts
Samples: Indenture (National Healthcare Corp), Sizeler Property Investors Inc, Sizeler Property Investors Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.
Appears in 6 contracts
Samples: Indenture (German American Bancorp, Inc.), Indenture (LKQ Corp), Indenture (German American Bancorp, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 6 contracts
Samples: Indenture (Xl Capital LTD), Indenture (Memberworks Inc), Indenture (American Express Co)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and is actually known by a Trust Officer, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 6 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use Indenture with the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 6 contracts
Samples: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Green Tree Lease Finance 1997-1 LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 6 contracts
Samples: Indenture (GAIN Capital Holdings, Inc.), Indenture (GAIN Capital Holdings, Inc.), Indenture (Protalix BioTherapeutics, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Trust Officer of the Trustee has actual knowledge, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.;
Appears in 6 contracts
Samples: Indenture (Digicel MidCo LTD), Digicel Group LTD, Digicel Group LTD
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs.
Appears in 6 contracts
Samples: Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc, Sbarro Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 5 contracts
Samples: Indenture (Belden Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 5 contracts
Samples: Indenture (Charter Communications, Inc. /Mo/), Sixth Supplemental Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 5 contracts
Samples: Indenture (Gannett Co., Inc.), Intercreditor Agreement (Arconic Rolled Products Corp), Intercreditor Agreement (Arconic Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own 's affairs.
Appears in 5 contracts
Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc, Indenture (Eer Systems Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 5 contracts
Samples: Indenture (Yankee Holding Corp.), Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.
Duties of Trustee. (a) If an Event of Default has occurred occurs and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and to use the same degree of care and skill in its exercise, exercise as that of a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 5 contracts
Samples: Indenture (Platinum Pressure Pumping, Inc.), Intercreditor Agreement (Saratoga Resources Inc /Tx), Interface Security Systems Holdings Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exerciseexercise thereof, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 5 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Davis-Standard CORP), Indenture (Davis-Standard CORP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 4 contracts
Samples: Indenture (Rc2 Corp), Abc Naco Inc, Danaher Corp /De/
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Agreement and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (BLG Securities Company, LLC), Pooling and Servicing Agreement (Bayview Financial Securities Co LLC), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. Such standard of care is not considered a fiduciary standard nor shall the Trustee be considered a fiduciary in performance of its duties.
Appears in 4 contracts
Samples: Supplemental Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc), Indenture (Firstcash, Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will Trust shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 4 contracts
Samples: Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.), Indenture (Gray Television Licensee, LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s Person's own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (PPC Publishing Corp), Falcon Products Inc /De/, Leap Wireless International Inc
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Trust Officer has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 4 contracts
Samples: Term Power Purchase Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.), Operation and Maintenance Agreement (Ormat Technologies, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingContinuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Energy Inc), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Supernus Pharmaceuticals Inc), Indenture (Carriage Services Inc), Supplemental Indenture (Carriage Services Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Supplemental Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), First Supplemental Indenture (Metropcs Communications Inc)
Duties of Trustee. (a) If an Event of Default with respect to a particular series has occurred and is continuing, the Trustee will shall exercise with respect to such series such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp)
Duties of Trustee. (a1) If an Event of Default with respect to a series of Securities has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 4 contracts
Samples: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp), Amerigas Partners Lp
Duties of Trustee. (a) If In case an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Par Technology Corp), Indenture (Par Technology Corp), First Supplemental Indenture (Par Technology Corp)
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 3 contracts
Samples: Indenture (Westinghouse Air Brake Technologies Corp), Trinity Marine Products, Inc., Trinity Industries Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 3 contracts
Samples: Indenture (LiveWatch Security, LLC), Indenture (Ascent Capital Group, Inc.), First Niagara Financial Group Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers power vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Enstar Inc), Indenture (Enstar Inc), Enstar Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the those rights and powers vested in it by this the Indenture, the Notes and the Security Agreement, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s its own affairs, including the exercise of the remedies set forth in this Indenture and the Note.
Appears in 3 contracts
Samples: Streicher Mobile Fueling Inc, Indenture (Streicher Mobile Fueling Inc), Streicher Mobile Fueling Inc
Duties of Trustee. (a1) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 3 contracts
Samples: Indenture (Icn Pharmaceuticals Inc), Acclaim Entertainment Inc, Trans Lux Corp
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing (and is not cured), the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 3 contracts
Samples: Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC), Associated Materials, LLC
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the same circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Mobile Satellite (Skyterra Communications Inc), Indenture (Skyterra Communications Inc), Indenture (Skyterra Communications Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 3 contracts
Samples: Indenture (Real Mex Restaurants, Inc.), Mueller Water Products, Inc., Xerium Technologies Inc