Common use of Failure to Appoint Successor Clause in Contracts

Failure to Appoint Successor. If, by the termination date, the Sponsor has not notified the Trustee in writing as to the individual or entity to which the assets and cash are to be transferred and delivered, the Trustee may bring an appropriate action or proceeding for leave to deposit the assets and cash in a court of competent jurisdiction. The Trustee shall be reimbursed by the Sponsor for all costs and expenses of the action or proceeding including, without limitation, reasonable attorneys’ fees and disbursements.

Appears in 18 contracts

Samples: Trust Agreement (Zions Bancorporation, National Association /Ut/), Trust Agreement (Barnes Group Inc), Trust Agreement (Zions Bancorporation /Ut/)

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Failure to Appoint Successor. If, by the termination date, the Sponsor has not notified the Trustee in writing as to the individual or entity to which the assets and cash are to be transferred and delivered, the Trustee may bring an appropriate action or proceeding for leave to deposit the assets and cash in a court of competent jurisdiction. The Trustee shall be reimbursed by the Sponsor for all costs and expenses of the action or proceeding including, without limitation, reasonable attorneys' fees and disbursements.

Appears in 3 contracts

Samples: Trust Agreement (Convergys Corp), Trust Agreement (Analog Devices Inc), Trust Agreement (Advo Inc)

Failure to Appoint Successor. If, by the termination date, the Sponsor has does not notified the notify Trustee in writing as to the individual or entity to which the assets and cash are to be transferred and delivered, the Trustee may bring an appropriate action or proceeding for leave to deposit the assets and cash in a court of competent jurisdiction. The Sponsor shall reimburse Trustee shall be reimbursed by the Sponsor for all costs and expenses of the action or proceeding including, without limitation, reasonable attorneys' fees and disbursements.

Appears in 3 contracts

Samples: Master Trust Agreement (Truist Financial Corp), Qualified Trust Agreement (Truist Financial Corp), Trust Agreement (Oceaneering International Inc)

Failure to Appoint Successor. If, by the termination date, the Sponsor has not notified the Trustee in writing as to the individual or entity to which the assets and cash are to be transferred and delivered, the Trustee may bring an appropriate action or proceeding for leave leave, to deposit the assets and cash in cash, with a court of competent jurisdiction. The Trustee shall be reimbursed by the Sponsor for all costs and expenses of the any such action or proceeding including, without limitation, reasonable attorneys' fees and disbursements.

Appears in 1 contract

Samples: Trust Agreement

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Failure to Appoint Successor. If, by the termination date, the Sponsor has not notified the Trustee in writing as to the individual or entity to which the assets and cash are to be transferred and delivered, the Trustee may bring an appropriate action or proceeding in a court of competent jurisdiction for leave to deposit the assets and cash in a court of competent jurisdiction. The Trustee shall be reimbursed by the Sponsor for all costs and expenses of the action or proceeding including, without limitation, reasonable attorneys’ fees and disbursements.

Appears in 1 contract

Samples: Trust Agreement (Globalsantafe Corp)

Failure to Appoint Successor. If, by the termination date, the Sponsor has not notified the Trustee and the Recordkeeper in writing as to the individual or entity to which the assets and cash are to be transferred and delivered, the Trustee and the Recordkeeper may bring an appropriate action or proceeding for leave to deposit the assets and cash in a court of competent jurisdiction. The Trustee and the Recordkeeper shall be reimbursed by the Sponsor for all costs and expenses of the action or proceeding including, without limitation, reasonable attorneys' fees and disbursements.

Appears in 1 contract

Samples: Administrative Services Agreement (Claiborne Liz Inc)

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