Common use of Duties of Trustee Clause in Contracts

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

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Duties of Trustee. (a) If a Default or 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 (China-Biotics, Inc), Subordinated Indenture (Northwest Biotherapeutics Inc), Senior Indenture (Shengkai Innovations, 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 Hotels LTD), Indenture (Sun International North America 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 31 contracts

Samples: Indenture (Nbty Inc), Indenture (America Bank Note Holographics Inc), Indenture (Comcast Cellular Holdings 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 own affairs.

Appears in 30 contracts

Samples: Indenture (Pricellular Corp), Indenture (Occusystems Inc), Indenture and Assumption Agreement (Centennial Cellular 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 such person's own affairs.

Appears in 27 contracts

Samples: Indenture (Roma Fort Worth Inc), Indenture (United Auto Group Inc), Indenture (Scot 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 or her own affairs.

Appears in 23 contracts

Samples: Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.), Indenture (Btu International 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 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: Indenture (Crown Castle International Corp), Indenture (Booking Holdings Inc.), Amended And (Continental Airlines, Inc.)

Duties of Trustee. (a) If a Default or 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: Indenture (Lockheed Martin Corp), Indenture (Martin Marietta Materials Inc), Indenture (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 Petrochemical Finance Co), Indenture (Huntsman 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 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: Indenture (Salant Corp), Indenture (Salant Corp), Indenture (Tampa DC, LLC)

Duties of Trustee. (a) The duties and responsibilities of the Trustee are as provided by the TIA and as set forth herein. 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 such person’s own affairs.

Appears in 16 contracts

Samples: Indenture (NXP Semiconductors N.V.), Indenture (NXP Semiconductors N.V.), Indenture (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 (Moore Labels Inc), Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express 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 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 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 13 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Affinity Group Inc, Affinity Group Holding, Inc.

Duties of Trustee. (a) If a Default or 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 12 contracts

Samples: Indenture (OUTFRONT Media Inc.), Indenture (CBS Outdoor Americas Inc.), Indenture (OUTFRONT Media Inc.)

Duties of Trustee. (a) If a Default or 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), Philipp Brothers Chemicals 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 or her own affairs.

Appears in 12 contracts

Samples: Financing Agreement (Big 5 Corp /Ca/), Indenture (Penton Media Inc), Tia Indenture (Hallmark America 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 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: Intercreditor Agreement (Ryerson Holding Corp), Indenture (Kemet Corp), Indenture (BlueLinx Holdings 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 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 a Default or 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 11 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (Fortress Transportation & Infrastructure Investors LLC), 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 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), Supplemental Indenture (Vici Properties Inc.), 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 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), Indenture (Mobile Mini 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 (Total Renal Care Holdings Inc), Execution Copy (Getty Images Inc), Indenture (Mueller Industries Inc)

Duties of Trustee. (a) If a Default or 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 (OC Holding Company, LLC), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive 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 (Arcos Dorados Holdings Inc.), Indenture (Grupo Financiero Galicia Sa), Indenture (Arcos Dorados Holdings Inc.)

Duties of Trustee. (a) The duties and responsibilities of the Trustee shall be as provided by the TIA. 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 their own affairs.

Appears in 7 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (Dime Community Bancshares Inc), Indenture (First Guaranty Bancshares, 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 its rights and powers vested in it by under 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 7 contracts

Samples: Indenture (Newcourt Credit Group Inc), Chapman And (At&t Capital Corp /De/), Indenture (At&t Capital Corp /De/)

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 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 (Concord Communications Inc), Indenture (Willbros Group Inc), Synaptics Incorporated (Synaptics 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 6 contracts

Samples: Indenture (Science Craftsman INC), Supplemental Indenture (American Greetings Corp), Supplemental Indenture (CNH Global 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 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 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 own affairs.

Appears in 6 contracts

Samples: Indenture (Gaylord Container Corp /De/), Indenture (Garden State Newspapers Inc), Indenture (Medianews Group Inc)

Duties of Trustee. (a) If a Default or 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 (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)

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 own affairs.

Appears in 6 contracts

Samples: Lien Subordination Agreement (Wickes Inc), Indenture (Wickes Inc), Indenture (Trism Inc /De/)

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 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 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), Comforce Corp

Duties of Trustee. (ai) If a Default or 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 (Uhc Capital I), Indenture (United Healthcare Corp), Indenture (Olympic Financial 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 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 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 Corp, Coinmach Laundry 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 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), Restricted Notes (Comstock Resources Inc), Indenture (Comstock Resources 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), Execution Copy (Building Materials Corp of America), _______________________________________________________________ _______________________________________________________________ (Isp Holdings 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 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 Ii Inc), Pooling and Servicing Agreement (Ml Asset Backed Corp)

Duties of Trustee. (a) If a Default or 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: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), electroCore, 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 a Default or 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 (Ashland Inc.), Indenture (Valvoline 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 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: Indenture (Bok Financial Corp Et Al), Subordinated Notes Indenture (First Midwest Bancorp Inc), Indenture (Bok Financial Corp Et Al)

Duties of Trustee. (a) If a Default has occurred and is continuing or an Event of Default or acceleration has occurred and is continuinghas 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 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 3 contracts

Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)

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 (Transportation Technologies Industries Inc), Couche Tard (3055854 Nova Scotia Co), 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 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 a Default or 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: Non Disturbance Agreement (Yum Brands Inc), Indenture (Yum Brands Inc), Yum Brands 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 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 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 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), Ekco Group Inc /De/, HPSC 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 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 Usa Inc), Indenture (CFM v R Tesco Inc), Lucent Technologies Inc

Duties of Trustee. (a) If a Default or 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 (Regis Corp), Indenture (Regis Corp), Indenture (BGC 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 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 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 3 contracts

Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)

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 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 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 a Default or 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)

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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 3 contracts

Samples: Indenture (Jones Apparel Group Inc), Jones Apparel Group Inc, Jones Apparel Group Inc

Duties of Trustee. (a) If a Default or 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 Permian Midstream LLC, Access Midstream Partners Lp

Duties of Trustee. (a) If a Default or 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: Indenture (Sinclair Broadcast Group Inc), Collateral Agreement (Sinclair Broadcast Group Inc), Intercreditor Agreement (Sinclair Broadcast Group Inc)

Duties of Trustee. (a) If a Default or 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: Supplemental Indenture (QTS Realty Trust, Inc.), Supplemental Indenture (QualityTech, LP), Indenture (QualityTech, LP)

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 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 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 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 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 own affairs.

Appears in 2 contracts

Samples: Fedders North America Inc, Fedders Corp /De

Duties of Trustee. (a) 1. If a Default or 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

Samples: Usg Corp, Usg Corp

Duties of Trustee. (a) If a Default or 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 a Default or 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 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 (VM Holding S.A.), Indenture (Alestra)

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 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 Export Inc.), Indenture (Goodyear Tire & Rubber Co /Oh/)

Duties of Trustee. (a) If a Default or an Event 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 a Default or 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 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: Supplemental Indenture (Kronos Worldwide Inc), Execution Version (Kronos Worldwide 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 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 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: Sotherly Hotels Lp, Sotherly Hotels Lp

Duties of Trustee. (a) If a Default or 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 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 2 contracts

Samples: Indenture (Global Telesystems Europe B V), Global Telesystems Europe B 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 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: Collateral and Security Documents (Exide Technologies), Indenture (Hi-Crush Inc.)

Duties of Trustee. (a) If a Default or 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

Samples: Indenture (Hancock Holding Co), Hancock Holding Co

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: Spartan Stores Inc, Power Solutions International, Inc.

Duties of Trustee. (a) If a Default or 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 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 a Default or an Event of Servicer Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture the 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FCC Receivables Corp)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing with respect to any 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 1 contract

Samples: Indenture (Ual Corp /De/)

Duties of Trustee. (a) If a Default or an Event of Default has occurred and is continuingcontinuing and of which the Trustee has actual 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 its 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: Ibf Vi Guaranteed Income Fund

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.. 50

Appears in 1 contract

Samples: Indenture (Ply Gem Holdings Inc)

Duties of Trustee. (a) If a Default or an Event of Default has occurred occurs and is continuingcontinuing with respect to the Trust Debt Securities of any series, the Trustee shall exercise such of the rights and powers vested in it by this Indenture with respect to that series 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 1 contract

Samples: Successor (Southwest Gas Corp)

Duties of Trustee. (a) If a Default or an Event of Default has occurred The Trustee undertakes to perform such duties and is continuing, the only such duties as are specifically set forth in this Indenture. 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 1 contract

Samples: Oakwood Homes Corp

Duties of Trustee. (a1) If a Default or 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 1 contract

Samples: CBRL Group 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 such person's own affairs.

Appears in 1 contract

Samples: Indenture (Movie Gallery 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 Person would exercise or use under the circumstances in the conduct of his such Person's own affairs.

Appears in 1 contract

Samples: Covenants (Railworks 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 that a prudent person would exercise or use under the circumstances in the conduct of his or her own affairs.

Appears in 1 contract

Samples: Supplemental Indenture (RingCentral, Inc.)

Duties of Trustee. (a) If a Default or 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 such person’s own affairs.

Appears in 1 contract

Samples: Yum Brands 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 -52- 59 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 1 contract

Samples: Atlas Air Inc

Duties of Trustee. (a) If After 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 1 contract

Samples: Transamerican Energy Corp

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