Common use of Resignation and Removal of the Collateral Trustee Clause in Contracts

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time by giving sixty (60) days' prior written notice to the Grantors and the Secured Parties, resign and be discharged of the responsibilities hereby created, such resignation to become effective upon the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a successor Collateral Trustee appointed by (i) until the payment in full of the Credit Agreement Obligations, the Lender and (ii) from and after the payment in full of the Credit Agreement Obligations, the Indenture Trustee; provided, however, that the Collateral Trustee shall be entitled to its fees and expenses to the date of removal; and, provided, further, that the Collateral Trustee's rights pursuant to Section 8.5 shall survive with respect to any transaction or occurrence prior to the effective date of such resignation or removal. If no successor Collateral Trustee shall be appointed and approved within sixty (60) days from the date of the giving of the aforesaid notice of resignation or within sixty (60) days from the date of such removal, the Collateral Trustee shall, or any Secured Party may, apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above provided. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved by the Lender and the Indenture Trustee as above provided.

Appears in 3 contracts

Samples: Collateral Trust Agreement (Finova Group Inc), Pledge and Security Agreement (Finova Group Inc), Collateral Trust Agreement (Finova Group Inc)

AutoNDA by SimpleDocs

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time time, by giving sixty (60) days' prior written notice of resignation to the Grantors Satmex and the Secured PartiesIndenture Trustee, resign and be discharged of the responsibilities hereby created, such resignation to become effective upon (i) the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a , (ii) the acceptance of such appointment by such successor Collateral Trustee appointed by (i) until the payment in full of the Credit Agreement Obligations, the Lender and (iiiii) from and after the payment in full approval of the Credit Agreement Obligations, such successor Collateral Trustee evidenced by one or more instruments signed by the Indenture Trustee; provided, howeveron behalf of the Requisite First Priority Holders, that or the Collateral Trustee shall be entitled to its fees and expenses to the date of removal; and, provided, further, that the Collateral Trustee's rights pursuant to Section 8.5 shall survive with respect to any transaction or occurrence prior to the effective date of such resignation or removalRequisite First Priority Holders. If no successor Collateral Trustee shall be appointed and approved shall have accepted such appointment within sixty (60) 90 days from after the date of the giving of Collateral Trustee gives the aforesaid notice of resignation or within sixty (60) days from the date of such removalresignation, the Collateral Trustee shall, or any Secured Party mayParty, may apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above providedprovided in this subsection. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved by the Lender and the Indenture Trustee appointed as above providedprovided in this subsection.

Appears in 2 contracts

Samples: First Priority Collateral Trust Agreement (Satelites Mexicanos Sa De Cv), First Priority Collateral Trust Agreement (Satelites Mexicanos Sa De Cv)

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time time, by giving sixty (60) days' prior written notice of resignation to the Grantors Satmex and the Secured PartiesIndenture Trustee, resign and be discharged of the responsibilities hereby created, such resignation to become effective upon (i) the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a , (ii) the acceptance of such appointment by such successor Collateral Trustee appointed by (i) until the payment in full of the Credit Agreement Obligations, the Lender and (iiiii) from and after the payment in full approval of the Credit Agreement Obligations, such successor Collateral Trustee evidenced by one or more instruments signed by the Indenture Trustee; provided, howeveron behalf of the Requisite Second Priority Holders, that or the Collateral Trustee shall be entitled to its fees and expenses to the date of removal; and, provided, further, that the Collateral Trustee's rights pursuant to Section 8.5 shall survive with respect to any transaction or occurrence prior to the effective date of such resignation or removalRequisite Second Priority Holders. If no successor Collateral Trustee shall be appointed and approved shall have accepted such appointment within sixty (60) 90 days from after the date of the giving of Collateral Trustee gives the aforesaid notice of resignation or within sixty (60) days from the date of such removalresignation, the Collateral Trustee shall, or any Secured Party mayParty, may apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above providedprovided in this subsection. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved by the Lender and the Indenture Trustee appointed as above providedprovided in this subsection.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Satelites Mexicanos Sa De Cv), Second Priority Collateral Trust Agreement (Satelites Mexicanos Sa De Cv)

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time by giving sixty (60) days' prior written notice to the Grantors and the Secured Parties, resign and be discharged of the responsibilities hereby created, such resignation to become effective upon the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a successor Collateral Trustee appointed by (i) until the payment in full of Bank Administrative Agent or, after the Credit Agreement ObligationsTermination Date, the Lender and (ii) from and after the payment in full of the Credit Agreement Obligations, the Indenture TrusteeRequisite Obligees; provided, however, that the Collateral Trustee shall be entitled to its fees and expenses to the date of removal; and, provided, further, that the Collateral Trustee's rights pursuant to Section 8.5 shall survive with respect to any transaction or occurrence prior to the effective date of such resignation or removal. If no successor Collateral Trustee shall be appointed and approved within sixty (60) days from the date of the giving of the aforesaid notice of resignation or within sixty (60) days from the date of such removal, the Collateral Trustee shall, or any Secured Party may, apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above provided. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved by the Lender Bank Administrative Agent, the 1992 Indenture Trustee, the 1996 Indenture Trustee and the Senior Note Indenture Trustee as above provided.

Appears in 1 contract

Samples: Collateral Trust Agreement (FMC Corp)

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time time, by giving sixty (60) 30 days' prior written notice to the Grantors Company and the Secured Partieseach Holder Representative, resign and be discharged of the responsibilities hereby created, such resignation to become effective upon (i) the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a , (ii) the acceptance of such appointment by such successor Collateral Trustee appointed by (i) until the payment in full of the Credit Agreement Obligations, the Lender and (iiiii) from and after the payment in full approval of the Credit Agreement Obligations, the Indenture Trustee; provided, however, that the such successor Collateral Trustee shall be entitled to its fees and expenses to evidenced by one or more instruments signed by the date of removal; Controlling Party and, providedso long as no Notice of Event of Default is then in effect, furtherby the Company (which approval, that the Collateral Trustee's rights pursuant to Section 8.5 in each case, shall survive with respect to any transaction not be unreasonably withheld or occurrence prior to the effective date of such resignation or removaldelayed). If no successor Collateral Trustee shall be appointed and approved shall have accepted such appointment within sixty (60) 60 days from after the date of the giving of Collateral Trustee gives the aforesaid notice of resignation or within sixty (60) days from the date of such removalresignation, the Collateral Trustee shallTrustee, the Company or any Secured the Controlling Party may, may apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above providedprovided in this subsection 5.7. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved appointed by the Lender Controlling Party, as provided in subsection 5.7(b). The Controlling Party may, at any time upon giving 30 days’ prior written notice thereof to the Collateral Trustee and each other Holder Representative, and with the Indenture consent of the Company (such consent not to be unreasonably withheld or delayed) remove the Collateral Trustee as above providedand appoint a successor Collateral Trustee, such removal to be effective upon the acceptance of such appointment by the successor. The Collateral Trustee shall be paid its Trustee Fees to the extent incurred or arising, or relating to events occurring, before such resignation or removal.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (T-Mobile US, Inc.)

AutoNDA by SimpleDocs

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time by giving sixty (60) time, upon 30 days' prior written notice (which prior notice may be waived by the Primary Holder Representatives) to the Grantors Company and the Secured Partieseach Primary Holder Representative, resign and be discharged of the responsibilities hereby created, such resignation to become effective upon (i) the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a by the Directing Parties, (ii) the acceptance of such appointment by such successor Collateral Trustee appointed by (i) until the payment in full of the Credit Agreement Obligations, the Lender and (iiiii) from and after the payment in full approval of the Credit Agreement Obligations, the Indenture Trustee; provided, however, that the such successor Collateral Trustee evidenced by one or more instruments signed by the Directing Parties (which approval, in each case, shall not be entitled to its fees and expenses to the date of removal; and, provided, further, that the Collateral Trustee's rights pursuant to Section 8.5 shall survive with respect to any transaction or occurrence prior to the effective date of such resignation or removalunreasonably withheld). If no successor Collateral Trustee shall be appointed and approved shall have accepted such appointment within sixty (60) 60 days from after the date of the giving of Collateral Trustee gives the aforesaid notice of resignation or within sixty (60) days from the date of such removalresignation, the Collateral Trustee shallTrustee, or any Secured Party mayor, if a Notice of Acceleration is in effect, the Directing Parties may apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above providedprovided in this Section 5.7. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved appointed by the Lender Directing Parties as provided in Section 5.7(b). The Directing Parties may, at any time, upon giving 30 days’ prior written notice thereof to the Collateral Trustee, the Company and each other Primary Holder Representative, remove the Indenture Collateral Trustee as above providedand appoint a successor Collateral Trustee, such removal to be effective upon the acceptance of such appointment by the successor. The Collateral Trustee shall be entitled to Trustee Fees to the extent incurred or arising, or relating to events occurring, before such resignation or removal.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (American Capital, LTD)

Resignation and Removal of the Collateral Trustee. (a) The Collateral Trustee may at any time time, by giving sixty (60) 30 days' prior written notice to the Grantors and the Secured PartiesAdministrative Agent, resign and be fully discharged from the duties, obligations and responsibilities created by this Agreement or any of the responsibilities hereby createdother Financing Documents, such resignation to become effective upon the appointment of a successor Collateral Trustee. The Collateral Trustee may be removed at any time and a successor Collateral Trustee appointed by (i) until the payment in full of Administrative Agent after consultation with the Credit Agreement Obligations, the Lender and (ii) from and after the payment in full of the Credit Agreement Obligations, the Indenture Trustee; provided, however, that the Collateral Trustee shall be entitled to its fees and expenses to the date of removal; and, provided, further, that the Collateral Trustee's rights pursuant to Section 8.5 shall survive with respect to any transaction or occurrence prior to the effective date of such resignation or removalBorrower. If no successor Collateral Trustee shall be appointed and approved shall have accepted such appointment within sixty (60) 90 days from after the date of the giving of Collateral Trustee gives the aforesaid notice of resignation or within sixty (60) days from the date of such removalresignation, the Collateral Trustee shall, or any Secured Party may, may apply to any court of competent jurisdiction to appoint a successor Collateral Trustee to act until such time, if any, as a successor Collateral Trustee shall have been appointed as above providedprovided in this Section and shall have accepted such appointment. Any successor Collateral Trustee so appointed by such court shall immediately and without further act be superseded by any successor Collateral Trustee approved appointed as provided in this Section. The Secured Parties shall, if so requested by the Lender Collateral Trustee, execute a Deed of Release and Retirement containing an adequate indemnity in form and substance satisfactory to the Indenture Trustee as above providedCollateral Trustee.

Appears in 1 contract

Samples: Credit Agreement (Flag Telecom Holdings LTD)

Time is Money Join Law Insider Premium to draft better contracts faster.