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 their exercise 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 Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, and is actually known to the Trustee, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 30 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Continental Resources, 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 shall, in the exercise such of the its rights and powers vested in it by under this Indenture and Indenture, use the same degree of care and skill in their its exercise of such rights and powers as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs, subject to the provisions of clause (h) below.
Appears in 29 contracts
Samples: Indenture (Axalta Coating Systems Ltd.), Indenture (Mastec Inc), Indenture (Allison Transmission Holdings 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 their such exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 29 contracts
Samples: Indenture (Ames True Temper, Inc.), Ames True Temper, Inc., Esterline Technologies Corp
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of which the Trustee has, or is deemed to have, notice hereunder 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 their exercise its exercise, as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 15 contracts
Samples: Execution Version, Execution Version, Execution Version
Duties of Trustee. (a) If an Event of Default has occurred and is continuing and is actually known to a Responsible Officer of the Trustee has occurred and is continuingTrustee, the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 15 contracts
Samples: Indenture (Six Flags Entertainment Corp), Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp)
Duties of Trustee. (a) If an Event of Master Servicer 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 Agreement and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Officer of the Trustee has occurred and is continuingknowledge, 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 their exercise its exercise, as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 13 contracts
Samples: Supplemental Indenture (Ameriserve Transportation Inc), Indenture (Albecca Inc), Supplemental Indenture (Century Parking 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 will exercise such of the rights and powers vested in it by under this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her its own affairs.
Appears in 13 contracts
Samples: Indenture (Alliance Data Systems Corp), Indenture (Alliance Data Systems Corp), Bread Financial Holdings, 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 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 their exercise as of a prudent person would exercise or use under the same in similar circumstances in the conduct of his or her own affairs.
Appears in 13 contracts
Samples: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.), Indenture (Match Group, 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 their exercise as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 12 contracts
Samples: Indenture (Aircraft Service International Inc), Indenture (Sandhills Inc), Indenture (MMH Holdings Inc)
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer any Series of the Trustee Securities has occurred and is continuing, the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 11 contracts
Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy, 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 their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person's own affairs.
Appears in 11 contracts
Samples: Indenture (Fs Equity Partners Iii Lp), Sailors Inc, Harborside Healthcare Corp
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee 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 use the same degree of care and skill in their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 10 contracts
Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer the Securities of the Trustee any series has occurred and is continuing, the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 9 contracts
Samples: Indenture (Care Capital Properties, LP), Indenture (Care Capital Properties, LP), Indenture (Ventas Inc)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Trust Officer of the Trustee has occurred and is continuingactual knowledge, 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 their its exercise as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 9 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing and is actually known to a Responsible Officer of the Trustee has occurred and is continuingTrustee, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 9 contracts
Samples: Indenture (Cano Health, Inc.), Indenture (Healthcare Royalty, Inc.), Indenture (Black Knight, 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 9 contracts
Samples: Indenture (Trilogy International Partners Inc.), Supplemental Indenture (Trilogy International Partners Inc.), Indenture (ER Marks, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee, 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 9 contracts
Samples: Indenture (Pactiv Evergreen Inc.), Intercreditor Agreement (MICROSTRATEGY Inc), Passu Intercreditor Agreement (CPI Card Group Inc.)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Trust Officer of the Trustee has occurred and is continuingactual knowledge, 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 9 contracts
Samples: Indenture (InterXion Holding N.V.), Indenture (InterXion Holding N.V.), Note Accession Agreement (Hungarian Telephone & Cable Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing (which is known to the Trustee), 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (Viasat Inc), Indenture (Diamond Offshore Drilling, Inc.), Indenture (American Airlines, Inc.)
Duties of Trustee. (a) If to the knowledge of the Trustee 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 8 contracts
Samples: Indenture (Citadel Broadcasting Corp), Citadel Broadcasting Corp, Sina Corp
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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 8 contracts
Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Massey Energy Co)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, and subject to any direction received by the requisite Holders, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (SMART Global Holdings, Inc.), Indenture (Tetralogic Pharmaceuticals Corp), Equinix 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 Indenture, and use the same degree of care and skill in their its exercise of such rights and powers, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 8 contracts
Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)
Duties of Trustee. (a) If an Event of Default actually known or notified in writing to a Responsible Trust Officer of the Trustee has occurred and is continuingcontinuing and is actually known to the Trustee, 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 8 contracts
Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred occurred, has not been waived 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (Broadcom Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer has occurred, of which the Trustee has occurred is deemed to have notice, 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 their its 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 7 contracts
Samples: First Supplemental Indenture (GMX Resources Inc), Intercreditor Agreement (GMX Resources Inc), Indenture (GMX Resources Inc)
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer any series of the Trustee Securities has occurred and is continuing, the Trustee shall exercise with respect to Securities of such of the series such rights and powers vested in it by this Indenture and use the same degree of care and skill in their such exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 7 contracts
Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee, 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 their its exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 7 contracts
Samples: Indenture (Ladder Capital Corp), Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of which the Trustee has knowledge 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 their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 7 contracts
Samples: Schulman a Inc, Indenture (Ashland Inc.), Toys R Us Property Co II, LLC
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Trust Officer of the Trustee has occurred and is continuingactual knowledge, 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 7 contracts
Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Carnival PLC), Indenture (Norwegian Cruise Line Holdings Ltd.)
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 will, in the exercise such of the its rights and powers vested in it by under this Indenture and Indenture, use the same degree of care and skill in their its exercise of such rights and powers as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs, subject to the provisions of clause (h) below.
Appears in 6 contracts
Samples: Indenture (Leslie's, Inc.), Guarantors (Neiman Marcus Group LTD LLC), Neiman Marcus Group LTD LLC
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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs, subject however to Section 10.11(j) hereof.
Appears in 6 contracts
Samples: Intercreditor Agreement (Erickson Air-Crane Inc.), Intercreditor Agreement (Headwaters Inc), Indenture (Nortek Inc)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Officer of the Trustee has occurred and is continuingreceived 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 6 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 Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, the Trustee, at such time as the Trustee has actual knowledge thereof, shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 5 contracts
Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Lexington Precision Corp
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 Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 5 contracts
Samples: Nextera Energy Partners, Lp, Nextera Energy Partners, Lp, Indenture (NRG Yield, 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 5 contracts
Samples: Credit Agreement (Republic Engineered Steels Inc), Navistar Financial Corp, Navistar International Corp /De/New
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer the Notes of the Trustee any series 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 5 contracts
Samples: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell Technologies Inc), Base Indenture (Symantec Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, and it is known to the Trustee, 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 5 contracts
Samples: Sunoco, LLC, Landmark Infrastructure Finance Corp., Form of Indenture (LD Acquisition Co 7 LLC)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing and a Responsible Officer of the Trustee has occurred and is continuingreceived written notification thereof, 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 5 contracts
Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and known to the Trustee, 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 5 contracts
Samples: Indenture (Clean Harbors Inc), Clean Harbors Inc, Indenture (Clean Harbors Inc)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and a Responsible Officer has actual knowledge thereof, 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 their its exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 5 contracts
Samples: Indenture (Watford Holdings Ltd.), Indenture (Latam Airlines Group S.A.), Indenture (Latam Airlines Group S.A.)
Duties of Trustee. (a) If an Event of Default has occurred and is continuing and is actually known to a Responsible Officer of the Trustee has occurred and is continuingTrustee, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 5 contracts
Samples: Indenture (Target Hospitality Corp.), Williams Scotsman (WillScot Mobile Mini Holdings Corp.), Supplemental Indenture (Target Hospitality Corp.)
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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Catalyst Paper Corp), Satisfaction and Discharge (Catalyst Paper Corp), Indenture (Ipsco Inc)
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer the Securities of the Trustee any series 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Lifepoint Health, Inc.
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has bas occurred and is continuing, the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Sunoco LP), Indenture (Sunoco LP), Indenture (Regency Energy Partners LP)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Trust 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 their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person's own affairs.
Appears in 4 contracts
Samples: Indenture (Healthsouth Corp), Supplemental Indenture (Ifco Systems Nv), Indenture (Healthsouth Corp)
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 shall use the same degree of care and skill in their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 4 contracts
Samples: Indenture (United Usn Inc), McLeodusa Inc, McLeod Inc
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing (of which a Responsible Officer of the Trustee has occurred and is continuingreceived written notice or has actual knowledge), 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Vivint Smart Home, Inc.), Indenture (APX Group Holdings, Inc.), Indenture (APX Group Holdings, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of which the Trustee has knowledge 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her its own affairs.
Appears in 4 contracts
Samples: Indenture (Douglas Dynamics, Inc), Indenture (Douglas Dynamics, Inc), Indenture (CSK Auto Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer has occurred, of which the Trustee has occurred is deemed to have notice, 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 their its 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 4 contracts
Samples: Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to of which a Responsible Officer of the Trustee has knowledge 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 their its exercise thereof as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Healthpeak OP, LLC), Physicians Realty L.P., Physicians Realty L.P.
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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 4 contracts
Samples: Indenture (Lowes Companies Inc), Indenture (Lowes Companies Inc), Indenture (Marriott International Inc /Md/)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, and is known to the Trustee, 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 their its exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of which the Trustee has knowledge 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Solectron Corp), Indenture (Oasis Interval Ownership, LLC), Indenture (TWC Holding Corp.)
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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 4 contracts
Samples: Article 9 (Kansas City Southern Industries Inc), Indenture (Commercial Aggregates Transportation & Sales LLC), Morrison Knudsen Corp//
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer the Securities of the Trustee any series 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 4 contracts
Samples: Indenture (NCS of Illinois Inc), Indenture (NCS of Illinois Inc), Ail Technologies 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Holdings Finance Corp), Supplemental Indenture (Muzak Finance Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of which the Trustee is deemed to have notice in accordance with Section 7.02(f) 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 their exercise its exercise, as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is actually known to the Trustee (as provided in Section 7.02(g)), the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same similar circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Supplemental Indenture (Permian Resources Corp), Supplemental Indenture (Permian Resources Corp), Indenture (HighPeak Energy, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to of which a Responsible Officer of the Trustee has actual knowledge 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 their exercise exercise, as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Indenture (CVS Caremark Corp), CVS (CVS Caremark Corp), Indenture (CVS Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee, 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 their exercise its exercise, as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Indenture (Sanchez Energy Corp), Indenture (Summit Midstream Partners, LP), Supplemental Indenture (Summit Midstream Partners, LP)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing with respect to any series of 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Officer of the Trustee has occurred and is continuingknowledge, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Finova Group Inc), Collateral Trust Agreement (Finova Group Inc), Security Agreement (Air Packaging Technologies Inc)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Trust 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 their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Healthsouth Corp), Healthsouth Corp, Healthsouth Corp
Duties of Trustee. (a) If an Event of Default actually known to has occurred of which a Responsible Officer of the Trustee has occurred actual knowledge and is continuing, the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Supplemental Indenture (Vector Group LTD), Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee, 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 their its 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 3 contracts
Samples: Indenture (Nm Licensing LLC), Tia Indenture (Cherokee International Finance Inc), Applied Power 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 Trustee, once it becomes aware of any such Event of Default, shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp), Indenture (Magnum Hunter Resources Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and a Responsible Officer has received written notification thereof, 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 their its exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Azul Sa, Azul Sa, Indenture (Azul Sa)
Duties of Trustee. (ai) If an Event of Default actually known to Default, of which a Responsible Officer of the Trustee has received written notice, has occurred and is continuing, the Trustee shall will exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Intercreditor Agreement (Ferroglobe PLC), Intercreditor Agreement (Ferroglobe PLC), Intercreditor Agreement (Ferroglobe PLC)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is actually known to the Trustee, the Trustee shall 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 their exercise its exercise, as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Range Resources (Range Resources Corp), Range Resources (Range Resources Corp), Indenture (Range Resources Corp)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Officer of the Trustee has occurred and is continuingknowledge, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 3 contracts
Samples: Indenture (Aei Resources Inc), Indenture (Nebco Evans Holding Co), Corporacion Durango S.A .De C.V.
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and the Trustee has actual knowledge of such Event of Default, 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 their exercise as a prudent person Person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc), Indenture (Wolverine Tube Inc)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing with respect to Securities of any series, 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 3 contracts
Samples: Amkor Technology Inc, Amkor International Holdings, LLC, Amkor Technology 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 Indenture, and use the same degree of care and skill in their its exercise thereof, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (BlackRock Funding, Inc. /DE), BlackRock Inc., GPT Operating Partnership LP
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer of the Trustee 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Sba Communications Corp), Indenture (Sba Communications Corp), Indenture (Sba Communications Corp)
Duties of Trustee. (a) If an Event of Default actually has occurred and is continuing and is known to a Responsible Officer of the Trustee has occurred and is continuing(in accordance with Section 7.02(g)), 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing (of which the Trustee is deemed to have notice thereof within the meaning of Section 7.02(l) hereof), the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (A. M. Castle & Co.), Indenture (Total Plastics, Inc.), Indenture (Castle a M & Co)
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 the Indenture and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Merger (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such Person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Spansion Inc.), Indenture (Scripps Networks Interactive, Inc.), Intertape Woven Products Services S.A. De C.V.
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer any Series of the Trustee Securities has occurred and is continuing, the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 3 contracts
Samples: Indenture (Corrections Corp of America), Corrections Corp of America, CCA Western Properties, 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 of which the Trustee has actual knowledge vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent person man would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Complete Production Services, Inc.), Indenture (Grant Prideco Inc), Grant Prideco 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 their its 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 3 contracts
Samples: Universal Compression Inc, Universal Compression Holdings Inc, Universal Compression Inc
Duties of Trustee. (a) If an Event of Default has occurred and is continuing and is actually known to a Responsible Officer of the Trustee has occurred and is continuingTrustee, 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (Knife River Holding Co), Credit Agreement (Embecta Corp.), Credit Agreement (Embecta Corp.)
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Officer of the Trustee has occurred and is continuingactual knowledge, 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.;
Appears in 3 contracts
Samples: Indenture (Foresight Energy Partners LP), Indenture (Armstrong Coal Company, Inc.), Indenture (Foresight Energy Partners LP)
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 the Guarantee Agreement, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Calpine Canada Energy Finance Ulc), Indenture (Calpine Corp), Indenture (Calpine Canada Energy Finance Ulc)
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 will exercise such of the rights and powers vested in it by under this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.
Duties of Trustee. (a) If In case an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuing, the Trustee shall shall, with respect to such Notes, exercise such of the rights and powers vested in it by this Indenture Indenture, and shall use the same degree of care and skill in their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of such his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee, the Trustee shall exercise such of the rights and powers vested in it by this Amended Indenture and use the same degree of care and skill in their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Supplemental Indenture, Indenture
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Trust 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 their exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Supplemental Indenture (Vantiv, Inc.), info.vantiv.com
Duties of Trustee. (a) If an Event of Default actually known to has occurred and is continuing of which a Responsible Officer of the Trustee has occurred and is continuingactual knowledge, the Trustee shall 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Additional Intercreditor Agreement, Additional Intercreditor Agreement
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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Global Crossing Uk Telecommunications LTD, Global Crossing LTD
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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Aecom), Indenture (Aecom Technology Corp)
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 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Global Security (Radio One, Inc.), Indenture (Radio One, 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 their its exercise as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Indenture (Muzak Heart & Soul Foundation), Indenture (Muzak LLC)
Duties of Trustee. (a) If an Event of Default actually known with respect to a Responsible Officer of the Trustee 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 their exercise exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing (and is not cured or waived), the Trustee shall 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 their exercise its exercise, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 2 contracts
Samples: Harland Clarke Holdings Corp, Harland Clarke Holdings Corp
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee (as provided in Section 7.2(f)), 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 their its exercise as a prudent person would exercise or use under the same similar circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Duties of Trustee. (a) If an Event of Default actually known to a Responsible Officer of the Trustee has occurred and is continuingcontinuing and is known to the Trustee, 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 their its exercise thereof, as a prudent person would exercise or use under the same circumstances in the conduct of his or her such person's own affairs.
Appears in 2 contracts
Samples: Indenture (Gci Inc), Indenture (General Communication Inc)