Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 43 contracts
Samples: Standard Commercial Corp, Supplemental Indenture (Canadian Abraxas Petroleum LTD), Supplemental Indenture (Everest One Ipa Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 43 contracts
Samples: Indenture (Del Monte Foods Co), Indenture (NRG Energy Inc), Doe Run Resources Corp
Duties of Trustee. (a) If an Event of Default with respect to the Securities has occurred and is continuing, the Trustee 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 thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 35 contracts
Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 32 contracts
Samples: Indenture (Kerzner International Employment Services LTD), Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 31 contracts
Samples: Indenture (Nbty Inc), Indenture (America Bank Note Holographics Inc), Indenture (Metris Companies Inc)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 30 contracts
Samples: M/I Homes, Inc., Indenture (M I Homes Inc), Indenture (Meritage Homes CORP)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 27 contracts
Samples: Indenture (Scot Inc), Indenture (Hermes Europe Railtel B V), Indenture (Pen Tab Industries Inc)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 23 contracts
Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Transwitch Corp /De)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to any Series of Securities, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 21 contracts
Samples: Agency Agreement (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.), Indenture (PLBY Group, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall with respect to Securities 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 their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 18 contracts
Samples: Lockheed Martin Corp, Indenture (Lockheed Martin Corp), Lockheed Martin Corp
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 18 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Agreement of Compromise and Settlement (Huntsman CORP)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 16 contracts
Samples: FedNat Holding Co, Indenture (Tampa DC, LLC), FEDNAT HOLDING Co
Duties of Trustee. (a) The duties and responsibilities of the Trustee are as provided by the TIA and as set forth herein. If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 16 contracts
Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 14 contracts
Samples: Indenture (Stagwell Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express Inc)
Duties of Trustee. (a) If an Event of Default has occurred (and is continuinghas not been cured), the Trustee shall shall, in the exercise such of the rights and powers vested in it by this Indenture and its power, use the same degree of care and skill in its exercise thereof as of a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 13 contracts
Samples: Indenture (OUTFRONT Media Inc.), Second Lien Intercreditor Agreement (Entercom Communications Corp), Indenture (OUTFRONT Media Inc.)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use or exercise the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 13 contracts
Samples: Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.), Indenture (JBS Holding Luxembourg S.A R.L.)
Duties of Trustee. (a) If an Event of Default has occurred (and is continuinghas not been cured), the Trustee shall shall, in the exercise such of the rights and powers vested in it by this Indenture and its power, use the same degree of care and skill in its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 12 contracts
Samples: Supplemental Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Supplemental Indenture (FTAI Aviation Ltd.)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 12 contracts
Samples: Indenture (Perry-Judds Inc), Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Radio Broadcasting Co)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 12 contracts
Samples: Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Hallmark America Inc), Financing Agreement (Big 5 Corp /Ca/)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall may exercise such of the rights and powers vested in it by this Indenture and shall use the same degree of care and skill in its exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 12 contracts
Samples: Indenture (Phibro Animal Health Corp), Indenture (Magnum Hunter Resources Inc), Magnum Hunter Resources Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents, and use the same degree of care and skill in its exercise thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 11 contracts
Samples: Indenture (BlueLinx Holdings Inc.), Salem Media Group, Inc. /De/, Intercreditor Agreement (Ryerson Holding Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Basic Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 11 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof thereof, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 10 contracts
Samples: Indenture (MGM Growth Properties Operating Partnership LP), Indenture (MGM Growth Properties Operating Partnership LP), Supplemental Indenture (Vici Properties Inc.)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 9 contracts
Samples: Indenture (Mueller Industries Inc), Execution Copy (Getty Images Inc), Indenture (Total Renal Care Holdings Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 9 contracts
Samples: Superior Essex Inc, Securities Purchase Agreement (Aas Capital Corp), Covenants (Readers Digest Association Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (Grupo Financiero Galicia Sa), Indenture (Grupo Financiero Galicia Sa), Indenture (Arcos Dorados Holdings Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to the Notes, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 8 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof of those rights and powers as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 7 contracts
Samples: Indenture (Willbros Group Inc), Indenture (Concord Communications Inc), Indenture (Komag Inc /De/)
Duties of Trustee. (a) The duties and responsibilities of the Trustee shall be as provided by the TIA. If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his their own affairs.
Appears in 7 contracts
Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 6 contracts
Samples: Supplemental Indenture (CNH Global N V), Indenture (American Greetings Corp), Supplemental Indenture (American Greetings Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents, and use the same degree of care and skill in its exercise thereof exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 6 contracts
Samples: Indenture (Jack Cooper Logistics, LLC), Indenture (Cenveo, Inc), Indenture (Cenveo, Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 6 contracts
Samples: Lien Subordination Agreement (Wickes Inc), Indenture (Wickes Inc), Indenture (Golden Books Family Entertainment Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing and has not been waived, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 6 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof of those rights and powers as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 5 contracts
Samples: Indenture (CTS Corp), Indenture (Xm Satellite Radio Holdings Inc), Immunomedics Inc
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 5 contracts
Samples: Pledge Agreement (Coinmach Service Corp), Coinmach Laundry Corp, Appliance Warehouse of America Inc
Duties of Trustee. (aA) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 5 contracts
Samples: Execution (Building Materials Corp of America), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc), _______________________________________________________________ _______________________________________________________________ (Isp Holdings Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 5 contracts
Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Restricted Notes (Comstock Resources Inc)
Duties of Trustee. (ai) If With respect to the Securities of any series, if an Event of Default has occurred and is continuing, the Trustee 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 thereof their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 5 contracts
Samples: Indenture (Olympic Financial LTD), Indenture (Uhc Capital I), Indenture (United Healthcare Corp)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and shall use the same degree of care and skill in its exercise thereof as a prudent person man or woman would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 5 contracts
Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp), LNR Property Corp
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs; provided, however, that if the Trustee shall assume the duties of the Servicer pursuant to Section 9.02, the Trustee in performing such duties shall use the degree of skill and attention customarily exercised by a servicer with respect to automobile receivables that it services for itself or others.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (National City Bank /), Pooling and Servicing Agreement (Bear Stearns Asset Backed Funding Inc), Pooling and Servicing Agreement (Ml Asset Backed Corp)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 5 contracts
Samples: Indenture (Comforce Corp), Indenture (H R Window Supply Inc), Atlas Air Inc
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), Indenture (Bok Financial Corp Et Al), Indenture (Bok Financial Corp Et Al)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to the Notes, the Trustee 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 the exercise thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Indenture (Altra Industrial Motion Corp.), Indenture (Valvoline Inc), Indenture (Valvoline Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any series of Securities, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 4 contracts
Samples: Indenture (Sun International Hotels LTD), Indenture (Ggri Inc), Sun International Hotels LTD
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Trustee has received written notice, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuingcontinuing or an Event of Default or acceleration has occurred and has not been properly waived or rescinded, the Trustee 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 thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 4 contracts
Samples: CNL American Properties Fund Inc, CNL American Properties Fund Inc, American Spectrum Realty Inc
Duties of Trustee. (a) If In case an Event of Default has occurred and is continuing, the Trustee 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 thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: electroCore, Inc., electroCore, Inc., Indenture (Jakks Pacific Inc)
Duties of Trustee. (a) If a Default or an Event of Default actually known to the Trustee has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (HPSC Inc), HPSC Inc, Ekco Group Inc /De/
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to any Series of Securities, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 3 contracts
Samples: Indenture (CFM v R Tesco Inc), Indenture (Jones Apparel Group Usa Inc), Lucent Technologies Inc
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 3 contracts
Samples: Indenture (Covanta Energy Corp), Danielson Holding Corp, Covanta Energy Corp
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 3 contracts
Samples: Couche Tard (3055854 Nova Scotia Co), Indenture (Transportation Technologies Industries Inc), Delta Financial Corp
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (Glaxosmithkline PLC), Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Duties of Trustee. (a) If a Default or an Event of Default actually known to the Trustee has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 3 contracts
Samples: Indenture (Globe Holdings Inc), Kilovac International Inc, Globe Manufacturing Corp
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 3 contracts
Samples: Fifth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Lear Corp
Duties of Trustee. (a) If an Event of Default has shall have occurred and is be continuing, the Trustee 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 thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP), Supplemental Indenture (QTS Realty Trust, Inc.)
Duties of Trustee. (a) If In case an Event of Default has occurred and is continuing, the Trustee 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 thereof their exercise, as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (BGC Partners, Inc.), Indenture (Regis Corp), Indenture (Regis Corp)
Duties of Trustee. (a) If In case an Event of Default has occurred and is continuing, the Trustee 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 thereof as that a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Yum Brands Inc), Non Disturbance Agreement (Yum Brands Inc), Yum Brands Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof thereof, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc), Altra Holdings, Inc.
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person in a similar capacity would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Quanex Corp), Indenture (Americredit Financial Services of Canada LTD), Indenture (Americredit Corp)
Duties of Trustee. (a) If an Event of Default with respect to the Secured Notes has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 3 contracts
Samples: Intercreditor Agreement (Sinclair Broadcast Group Inc), Collateral Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall shall, with respect to Securities 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 their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 3 contracts
Samples: Indenture (Jones Apparel Group Inc), Jones Apparel Group Inc, Jones Apparel Group Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the same circumstances in the conduct of his such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp), Skyterra Communications Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Natura &Co Holding S.A.), Indenture (Natura &Co Holding S.A.), Indenture (Hines Horticulture Inc)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 3 contracts
Samples: Carson Products Co, Cooperative Computing Inc /De/, Cooperative Computing Inc /De/
Duties of Trustee. (a) If an Event of Default with respect to any series of Securities has occurred and is continuing, the Trustee shall exercise with respect to Securities of such series 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 thereof exercise, as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (Chesapeake MLP Operating LLC), Access Midstream Partners Lp, Access Permian Midstream LLC
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof thereof, as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Samples: Indenture (Keystone Consolidated Industries Inc), Indenture (Omnova Solutions Inc), Loomis Fargo & Co
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default has occurred (and is continuinghas not been cured), the Trustee shall exercise such of the rights and powers vested in it by this Indenture and and, in the exercise of its power, use the same degree of care and skill in its exercise thereof as of a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Sotherly Hotels Lp, Sotherly Hotels Lp
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Samples: Fedders North America Inc, Fedders Corp /De
Duties of Trustee. (a) 1. If an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any Series, the Trustee 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 thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default with respect to any series of Securities has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Indenture (Starwood Hotels & Resorts), Starwood Hotel & Resorts Worldwide Inc
Duties of Trustee. (a) If an Event a Default with respect to the Securities of Default a series has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Total Waste Management Corp.), Indenture (Total Waste Management Corp.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to any Series of Securities, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)
Duties of Trustee. (a) If an Event of Default with respect to any Series of Securities has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 2 contracts
Samples: Paying Agent (Molson Coors Brewing Co), Molson Coors Brewing Co
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: inversionistasbraskemidesa.com.mx, inversionistasbraskemidesa.com.mx
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.;
Appears in 2 contracts
Samples: Indenture (Sonic Automotive Inc), Sonic Automotive Inc
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Hi-Crush Inc.), Collateral and Security Documents (Exide Technologies)
Duties of Trustee. (a) If an Event of Default or Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Interline (Interline Brands, Inc./De), Tri City Dialysis Center Inc
Duties of Trustee. (a) If a)If an Event of Default has occurred and is continuingcontinuing (which has not been waived), the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 2 contracts
Samples: Execution Version (Kronos Worldwide Inc), Supplemental Indenture (Kronos Worldwide Inc)
Duties of Trustee. (a) If a Default or an Event of Default of which a Trust Officer of the Trustee is actually aware has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall shall, in the exercise such of the rights and powers vested in it by this Indenture and its power, use the same degree of care and skill in its exercise thereof as of a prudent person would exercise or use under the in similar circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: EDGEWELL PERSONAL CARE Co, EDGEWELL PERSONAL CARE Co
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Indenture (Global Telesystems Europe B V), Global Telesystems Europe B V
Duties of Trustee. (a) If if a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.;
Appears in 2 contracts
Samples: Power Solutions International, Inc., Spartan Stores Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and the Security Documents and use the same degree of care and skill in its their exercise thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing on Securities of any series, the Trustee 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 their exercise thereof as a prudent person man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Samples: Manor Care (Manor Care Inc/New), Manor Care Inc/New
Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al)
Duties of Trustee. (a) If an Event of Default has occurred and is continuingcontinuing with respect to the Securities of any Series, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 2 contracts
Samples: Indenture (Fluor Corp), Indenture (Wellpoint Health Networks Inc /Ca/)
Duties of Trustee. (a) If an Event of Default with respect to a series of Securities has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Samples: Indenture (Amerigas Finance Corp)
Duties of Trustee. (a) If a Default or an Event of Default of which a Trust Officer of the Trustee is aware has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Samples: Indenture (Color Spot Nurseries Inc)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee 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 thereof as that a prudent person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 1 contract
Duties of Trustee. (a) During an Event of Default. If an Event of Default has occurred and is continuing, the Trustee 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 thereof exercise, as a prudent person Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.
Appears in 1 contract
Samples: Indenture (Sac Holding Corp)
Duties of Trustee. (a) If an Event of Default with respect to the Securities has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his such person's own affairs.
Appears in 1 contract
Duties of Trustee. (a) If a Default or an Event of Default of which the Trustee has notice or knowledge hereunder has occurred and is 85 -76- continuing, the Trustee 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 thereof as a prudent person Person would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract
Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture with respect to the affected series of Securities, and use the same degree of care and skill in its exercise thereof exercise, as a prudent person would exercise or use under the circumstances in the conduct of his such person’s own affairs.
Appears in 1 contract
Samples: Indenture (Warner Chilcott LTD)
Duties of Trustee. (a) If an Event of a Default has occurred and is continuing, the Trustee 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 thereof as a prudent person would exercise or use under the circumstances in the conduct of his its own affairs.
Appears in 1 contract
Samples: Bedding Experts Inc