Common use of Resignation and Removal of Indenture Trustee; Appointment of Successor Clause in Contracts

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 days' prior written notice to the Owner Trustee, the Owner Participant, the Lessee and each Holder, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the Majority in Interest of the Certificate Holders, or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders, may appoint a successor Indenture Trustee by an instrument signed by such Holders. If a successor Indenture Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Indenture Trustee, the Owner Trustee, the Lessee, the Owner Participant, or any Holder may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided above. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as provided above.

Appears in 12 contracts

Samples: Indenture and Security Agreement (Federal Express Corp), Indenture and Security Agreement (Federal Express Corp), Indenture and Security Agreement (Federal Express Corp)

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Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 calendar days' prior written notice to the Owner Trustee, the Owner Participant, each Note Holder and the Lessee and each HolderLessee, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the a Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Note Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, Lessee and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Note Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the a Majority in Interest of the Certificate Holders, or the Owner TrusteeNote Holders may appoint, with the consent of the Lessee and the Majority in Interest of the Certificate HoldersLessee, may appoint a successor Indenture Trustee by an instrument signed by such HoldersHolders (whose fees shall be reasonably acceptable to the Lessee). If a successor Indenture Trustee shall not have been appointed within 30 calendar days after such notice of resignation or removal, the Indenture Trustee, any Note Holder, the Owner Trustee, the Lessee, Lessee or the Owner Participant, or any Holder Participant may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided aboveabove provided. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as above provided abovewithin one year from the date of the appointment by such court.

Appears in 10 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 calendar days' prior written notice to the Owner Trustee, the Owner Participant, each Note Holder and the Lessee and each HolderLessee, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the a Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Note Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, Lessee and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Note Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the a Majority in Interest of the Certificate Holders, or the Owner TrusteeNote Holders may appoint, with the consent of the Lessee and the Majority in Interest of the Certificate HoldersLessee, may appoint a successor Indenture Trustee by an instrument signed by such HoldersHolders (whose fees shall be reasonably acceptable to the Lessee). If a successor Indenture Trustee shall not have been appointed within 30 calendar days after such notice of resignation or removal, the Indenture Trustee, any Note Holder, the Owner Trustee, the Lessee, Lessee or the Owner Participant, or any Holder Participant may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided aboveabove provided. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as above provided above.within one year from the date of the appointment by such court. Trust Indenture 82 - 77 -

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 calendar days' prior written notice to the Owner Trustee, the Owner Participant, each Note Holder and the Lessee and each HolderLessee, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the a Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Note Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, Lessee and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Note Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Trust Indenture Indenture Trustee, the a Majority in Interest of the Certificate Holders, or the Owner TrusteeNote Holders may appoint, with the consent of the Lessee and the Majority in Interest of the Certificate HoldersLessee, may appoint a successor Indenture Trustee by an instrument signed by such HoldersHolders (whose fees shall be reasonably acceptable to the Lessee). If a successor Indenture Trustee shall not have been appointed within 30 calendar days after such notice of resignation or removal, the Indenture Trustee, any Note Holder, the Owner Trustee, the Lessee, Lessee or the Owner Participant, or any Holder Participant may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided aboveabove provided. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as above provided abovewithin one year from the date of the appointment by such court.

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 days' prior written notice to the Owner Trustee, the Owner ParticipantParticipants, the Lessee and each Holder, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner ParticipantParticipants, and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the Majority in Interest of the Certificate Holders, or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders, may appoint a successor Indenture Trustee by an instrument signed by such Holders. If a successor Indenture Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Indenture Trustee, the Owner Trustee, the Lessee, the Owner ParticipantParticipants, or any Holder may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided above. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as provided above.

Appears in 1 contract

Samples: Indenture and Security Agreement (Federal Express Corp)

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 days' prior written notice to the Owner TrusteeParticipant, the Owner ParticipantTrustee, the Lessee and to each HolderHolder of a Note, such resignation to be effective upon the acceptance of the such trusteeship by a successor Indenture Trusteesuccessor. In addition, the Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders may at any time remove the Indenture Trustee may be removed without cause by an instrument in writing a Directive delivered to the LesseeOwner Participant, the Owner Trustee, the Owner Participant, Lessee and the Indenture Trustee, and the Indenture Trustee shall promptly notify give notice thereof in writing to each Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture TrusteeNote. In the case of the resignation or removal of the Indenture Trustee, the Majority in Interest of the Certificate Holders, or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders, may appoint a successor Indenture Trustee by an instrument signed trustee may be appointed by such Holdersa Directive. If a successor Indenture Trustee trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Indenture Trustee, the Owner Trustee, the Lessee, the Owner Participant, Trustee or any Holder of a Note may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided aboveabove provided. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as above provided abovewithin one year from the date of the appointment by such court.

Appears in 1 contract

Samples: Public Service Co of New Mexico

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 days' prior written notice to the Owner Trustee, the Owner Participant, the Lessee and each Holder, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the Lessee, the Majority in Interest of the Certificate Holders or the Owner Trustee, Trustee (with the consent of the Lessee and the Majority in Interest of the Certificate Holders Holders) may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the Majority in Interest of the Certificate Holders, Holders (based on the recommendation of the Lessee) or the Owner Trustee, Trustee (with the consent of the Lessee and the Majority in Interest of the Certificate Holders), may appoint a successor Indenture Trustee by an instrument signed by such Holders. If a successor Indenture Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Indenture Trustee, the Owner Trustee, the Lessee, the Owner Participant, or any Holder may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided above. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as provided above.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 calendar days' prior written notice to the Owner Trustee, the Owner Participant, each Note Holder and the Lessee and each HolderLessee, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the a Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Note Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, Lessee and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Note Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the a Majority in Interest of the Certificate Holders, or the Owner TrusteeNote Holders may appoint, with the consent of the Lessee and the Majority in Interest of the Certificate HoldersLessee, may appoint a successor Indenture Trustee by an instrument signed by such HoldersHolders (whose fees shall be reasonably acceptable to the Lessee). If a successor Indenture Trustee shall not have been appointed within 30 calendar days after such notice of resignation or removal, the Indenture Trustee, any Note Holder, the Owner Trustee, the Lessee, Lessee or the Owner Participant, or any Holder Participant may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided aboveabove provided. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as above provided above.within one year from the date of the appointment by such court. Trust Indenture

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 calendar days' prior written notice to the Owner Trustee, the Owner Participant, each Note Holder and the Lessee and each HolderLessee, such resignation to be effective upon Trust Indenture the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the a Majority in Interest of the Certificate Holders or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Note Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, Lessee and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Note Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the a Majority in Interest of the Certificate Holders, or the Owner TrusteeNote Holders may appoint, with the consent of the Lessee and the Majority in Interest of the Certificate HoldersLessee, may appoint a successor Indenture Trustee by an instrument signed by such HoldersHolders (whose fees shall be reasonably acceptable to the Lessee). If a successor Indenture Trustee shall not have been appointed within 30 calendar days after such notice of resignation or removal, the Indenture Trustee, any Note Holder, the Owner Trustee, the Lessee, Lessee or the Owner Participant, or any Holder Participant may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided aboveabove provided. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as above provided abovewithin one year from the date of the appointment by such court.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (America West Airlines Inc)

Resignation and Removal of Indenture Trustee; Appointment of Successor. (a) The Indenture Trustee or any successor thereto may resign at any time without cause by giving at least 30 days' prior written notice to the Owner Trustee, the Owner Participant, the Lessee Company and each Holder, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, the Majority in Interest of the Certificate Holders Company or the Owner Trustee, with the consent of the Lessee and the Majority in Interest of the Certificate Holders may at any time remove the Indenture Trustee without cause by an instrument in writing delivered to the Lessee, the Owner Trustee, the Owner Participant, and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Holder thereof of such action in writing, such removal to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In the case of the resignation or removal of the Indenture Trustee, the Majority in Interest of the Certificate Holders, or Holders (based on the Owner Trustee, with the consent recommendation of the Lessee and the Majority in Interest of the Certificate HoldersCompany), may appoint a successor Indenture Trustee by an instrument signed by such Holders. If a successor Indenture Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Indenture Trustee, the Owner Trustee, the Lessee, the Owner Participant, Company or any Holder may apply to any court of competent jurisdiction to appoint a successor Indenture Trustee to act until such time, if any, as a successor shall have been appointed as provided above. The successor Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Indenture Trustee appointed as provided above.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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