Common use of Resignation or Removal of Trustee Clause in Contracts

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 73 contracts

Samples: Indenture (James River Group, INC), Tib Financial Corp., Indenture (Nara Bancorp Inc)

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Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 28 contracts

Samples: Indenture (Spinnaker Exploration Co), Indenture (Progress Capital Trust I), Indenture (Berkley W R Capital Trust)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Issuer and the Noteholders, appoint a successor identified in such notice or may petition petition, at the expense of the Issuer, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.09 hereof, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 20 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may may, upon sixty (60) days’ written notice to the Company, at any time resign with respect to one or more or all series by giving written notice of resignation to the Company, and by mailing notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures then outstanding Securities of each series affected at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees with respect to the applicable series by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 thirty (30) days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition at the expense of the Company any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities of the applicable series for at least six months may, subject to the provisions of Section 5.96.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 14 contracts

Samples: Indenture (Aon Corp), Indenture (Aon PLC), Indenture (Aon PLC)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 thirty (30) calendar days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Issuer and the Noteholders, appoint a successor identified in such notice or may petition petition, at the expense of the Issuer, any court of competent jurisdiction for the appointment of a successor Trustee, trustee or any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.09, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 13 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign with respect to the Securities of one or more series by giving written notice of such resignation to the Company Corporation and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities of such series at their addresses as they shall appear on the Debenture Registerregistry books of the Corporation. Upon receiving such notice of resignation, the Company Corporation shall promptly appoint a successor trustee or trustees with respect to the Securities of such series by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the each successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the affected SecurityholdersSecurityholders of such series, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture Security or Debentures Securities of such series for at least six months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 7 contracts

Samples: Consolidation, Merger and Sale (Baltimore Gas & Electric Co), Indenture (Baltimore Gas & Electric Co), Baltimore Gas and Electric Company (Atlantic City Electric Co)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 7 contracts

Samples: Indenture (NQ Mobile Inc.), Indenture (Ctrip Com International LTD), Indenture (Ctrip Com International LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 6 contracts

Samples: Indenture (Hubco Inc), United National Bancorp (United National Bancorp), Indenture (Puget Sound Energy Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee Trustee, at the expense of the Company, may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 5 contracts

Samples: Indenture (East West Bancorp Capital Trust I), Indenture (Independent Capital Trust Ii), Sandy Spring Capital Trust I

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign and be discharged from the trust hereby created by giving 60 days prior written notice of such resignation thereof to the Company Issuer, the Servicer, the Noteholders and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Registereach Rating Agency. Upon receiving such notice of resignation, the Company Issuer shall promptly arrange to appoint a successor trustee or trustees meeting the requirements of Section 13.6 and the Servicer shall notify the Trustee and each Rating Agency of such appointment by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to resignation, a successor Trustee shall be appointed by Majority Facility Investors. The successor Trustee so appointed shall, forthwith upon its acceptance of such appointment, become the affected SecurityholdersTrustee. If no successor Trustee shall have been so appointed by the Issuer or the Noteholders and shall have accepted appointment in the manner hereinafter provided, any Noteholder, on behalf of itself and all others similarly situated, or the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 5 contracts

Samples: Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp), Indenture and Servicing Agreement (Travel & Leisure Co.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may may, at any time time, resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders Holders of the Debentures Securities at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 4 contracts

Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp), Indenture (Proassurance Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentures. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) Business Days' notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.98.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 4 contracts

Samples: Indenture (Commscope Inc), Indenture (Commscope Inc), Indenture (Williams Companies Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may at the expense of the Company petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 4 contracts

Samples: Indenture (NIO Inc.), Indenture (Baozun Inc.), Indenture (MakeMyTrip LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign and be discharged from the trust hereby created by giving 60 days prior written notice of such resignation thereof to the Company Issuer, the Swap Counterparty, the Servicer, the Noteholders, the Insurer and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Registereach Rating Agency. Upon receiving such notice of resignation, the Company Issuer shall promptly arrange to appoint a successor trustee or trustees meeting the requirements of Section 13.6 and the Servicer shall notify the Trustee, the Insurer, the Swap Counterparty and each Rating Agency of such appointment by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation resignation, a successor Trustee shall be appointed by (A) the Insurer, if no Insurer Default has occurred and is continuing or (B) during the continuation of an Insurer Default, the Majority Holders (with notice to the affected SecurityholdersSwap Counterparty). The successor Trustee so appointed shall, forthwith upon its acceptance of such appointment, become the Trustee. If no successor Trustee shall have been so appointed and shall have accepted appointment in the manner hereinafter provided, any Noteholder, on behalf of itself and all others similarly situated, or the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 4 contracts

Samples: Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Wyndham Worldwide Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may, upon 10 Business Days’ notice to the Company and the Holders, appoint a successor trustee identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or if any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 4 contracts

Samples: Indenture (Electra Battery Materials Corp), Supplemental Indenture (Rockley Photonics Holdings LTD), Rockley Photonics Holdings LTD

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign and be discharged from the trust created hereby by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.9‎Section 6.11, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 4 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 3 contracts

Samples: Indenture (Safeco Corp), Satisfaction And (Imperial Capital Trust I), Indenture (Safeco Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more or all series of Securities by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures applicable series of Securities at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture Security or Debentures Securities of the applicable series for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more series of Notes by giving written notice of such resignation to the Company Corporation and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Notes of such series at their addresses as they shall appear on the Debenture RegisterNote Register for such series. Upon receiving such notice of resignation, the Company Corporation shall promptly appoint a successor trustee or trustees trustees, which trustee shall be eligible in accordance with the provisions of Section 6.09, by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Noteholder who has been a bona fide holder of a Debenture or Debentures Note for at least six months may, subject to the provisions of Section 5.95.10, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 3 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing sending notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing sending of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, at the expense of the Company petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 3 contracts

Samples: Indenture (China Lodging Group, LTD), Indenture (Trina Solar LTD), Indenture (GDS Holdings LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing sending notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing sending of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, at the expense of the Company petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.10 (Undertaking to Pay Costs), on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 3 contracts

Samples: Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees meeting the requirements of Section 8.09 and having no conflicting interests within the meaning of Section 8.08 by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) business days' notice to the Company and the Noteholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six (6) months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: LTX Corp, Globespan Inc/De

Resignation or Removal of Trustee. Appointment of ------------------------------------------------- Successor Trustee. (a) The Trustee, or any trustee or trustees hereafter ----------------- appointed, may at any time resign with respect to one or more or all series of Securities by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterGuarantor. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees with respect to the applicable series by written instrument, instrument in duplicate, executed by order authority of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee or trustees. If no successor Trustee trustee shall have been so appointed with respect to any series and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholdersresignation, the resigning Trustee may trustee may, at the expense of the Issuer, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities of the applicable series for at least six months may, subject to the provisions requirements of Section 5.9the Trust Indenture Act of 1939, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Newmont Gold Co, Newmont Gold Co

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees trustees, in accordance with the provisions of Section 6.09, by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.95.10, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture RegisterNote Register (or, in the case of Global Notes, by delivering such notice in accordance with the applicable procedures of the Depositary). Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing (or, in the case of Global Notes, after the delivery) of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders and at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (TCP Capital Corp.), TCP Capital Corp.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures Debt Securities at their addresses as they shall appear on the Debenture Debt Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture Debt Security or Debentures Debt Securities for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 2 contracts

Samples: Indenture (Home Bancshares Inc), Indenture (First Community Bancorp /Ca/)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (Equitable of Iowa Companies), Xerox Corp

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing delivering of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the Company’s expense, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Avid Technology, Inc., Avid Technology, Inc.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Noteholders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may may, at the expense of the Issuer and upon ten (10) Business Days’ notice to the Issuer and the Noteholders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Noteholder who has been a bona fide holder Holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.97.11, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 30 days written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (JOYY Inc.), Indenture (JOYY Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company, and the Company and by mailing shall send or cause to be sent notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of sending such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (Aradigm Corp), Indenture (Xenoport Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing sending notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing sending of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, at the expense of the Company petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11 (Undertaking to Pay Costs), on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (GDS Holdings LTD), GDS Holdings LTD

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentureholders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) business days’ notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of or a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Mentor Graphics Corp, Mentor Graphics Corp

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written writ- ten notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument in- strument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself him- self and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribepre- scribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (First Usa Inc), Indenture (Sovereign Bancorp Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterSecurities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Holders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Holder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six (6) months may, subject to the provisions of Section 5.910.13, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (Evergreen Solar Inc), Supplemental Indenture (Evergreen Solar Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses Holders as they shall appear on the Debenture Registerprovided in this Indenture. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing delivering of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction jurisdiction, at the expense of the Company, for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Dropbox, Inc., Dropbox, Inc.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (INFINERA Corp), Indenture (Infinera Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterSecurities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may, upon ten business days’ notice to the Company and the Securityholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six 6 months may, subject to the provisions of Section 5.97.13, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Acceptance Corporation (World Acceptance Corp), Indenture (Caci International Inc /De/)

Resignation or Removal of Trustee. (a) The TrusteeTrustee may, or any trustee or trustees hereafter appointed, may at any time time, resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of Holders, and by providing such notification, the Debentures at their addresses as they Trustee shall appear on be discharged from the Debenture Registertrust created hereby. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing giving of such notice of resignation to the affected SecurityholdersCompany, the resigning Trustee may may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee, and the Company shall bear the expense associated with such appointment.

Appears in 2 contracts

Samples: Indenture (Benefitfocus,Inc.), And (Tabula Rasa HealthCare, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders Holders of the Debentures Securities at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 2 contracts

Samples: Indenture (James River Group, INC), Indenture (James River Group, INC)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentures. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten Business Days’ notice to the Issuer and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Issuer, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.96.09, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 2 contracts

Samples: Indenture (Digital Realty Trust, Inc.), Indenture (Digital Realty Trust, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterSecurities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may, upon ten business days’ notice to the Company and the Securityholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six 6 months may, subject to the provisions of Section 5.96.13, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (GMX Resources Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at --------------------------------- any time resign by giving written notice of such resignation to the Company and by mailing notice thereofmailing, at the request and expense of the Company's expense, notice thereof to the holders of the Debentures Notes at their addresses as they shall appear on the Debenture Registerregistry books of the Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.9315(e) of the Trust Indenture Act of 1939, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Continental Cablevision Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 thirty (30) calendar days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Issuer and the Noteholders, appoint a successor identified in such notice or may petition petition, at the expense of the Issuer, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.09 hereof, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Innovative Industrial Properties Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more or all series of Debentures by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders Holders of the affected series of Debentures at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees with respect to the applicable series by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and shall have accepted such appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture or Debentures of any affected series for at least six months may, subject to the provisions of Section 5.95.10, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Fw Preferred Capital Trust I

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.10, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (MakeMyTrip LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon ten Business Days’ notice to the Company and the Holders, at the expense of the Company petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Trina Solar LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may, upon 10 Business Days’ notice to the Company and the Holders, appoint a successor trustee identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or if any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Rockley Photonics Holdings LTD

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the Company’s expense, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.9‎Section 6.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. At any time at which no Event of Default has occurred and is continuing, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor Trustee.

Appears in 1 contract

Samples: Indenture (Fluor Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees trustees, in accordance with the provisions of Section 6.09, by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.95.10, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Commerce Bancorp Inc /Nj/)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) calendar days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Issuer and the Noteholders, appoint a successor identified in such notice or may petition petition, at the expense of the Issuer, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.09, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (BioMed Realty Trust Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentures. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon 10 Business Days' notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.97.14, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Allied Waste Industries Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 60 days’ written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders or a notice of removal, the resigning Trustee may appoint a successor trustee on behalf of and at the expense of the Company or it may, upon prior notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (E-House (China) Holdings LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written writ ten notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself him self and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Agl Resources Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders60 days, the resigning Trustee may may, upon 10 Business Days’ notice to the Company, petition at the expense of the Company any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. At any time at which no Default or Event of Default has occurred and is continuing, the Company may, by a Board Resolution and upon 30 days’ notice to the Trustee, remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor Trustee.

Appears in 1 contract

Samples: Welltower OP LLC

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign with respect to the Securities of one or more series by giving written notice of such resignation to the Company Corporation and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities of such series at their addresses as they shall appear on the Debenture Registerregistry books of the Corporation. Upon receiving such notice of resignation, the Company Corporation shall promptly appoint a successor trustee or trustees with respect to the Securities of such series by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the each successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersSecurityholders of such series, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture Security or Debentures Securities of such series for at least six months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may may, upon 30 days written notice to the Corporation, at any time resign with respect to one or more or all series by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterCorporation. Upon receiving such notice of resignation, resignation the Company Corporation shall promptly appoint a successor trustee or trustees with respect to the applicable series by written instrument, in duplicate, executed by order of its the Board of DirectorsDirectors of the Corporation, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing sending of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder Holder of a Debenture Debt Security or Debentures Debt Securities of the applicable series for at least six months may, subject to the provisions of Section 5.96.08, on behalf of himself himself, herself or itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Mercer International Inc.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribepre- scribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Life Re Capital Trust Ii)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's ’s expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (ACA Capital Holdings Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture RegisterNote Register (or, in the case of Global Notes, by delivering such notice in accordance with the applicable procedures of the Depositary). Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing (or, in the case of Global Notice, after the delivery) of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Goldman Sachs BDC, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees Trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (QCR Holdings Inc)

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Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.9SECTION 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Illinois Power Co

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentures. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) business days’ notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of or a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Mentor Graphics Corp

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees Trustee hereafter appointed, may at any time resign with respect to one or more series of Securities by giving written notice of such resignation to the Company and or to the Securityholders, such notice to the Securityholders of applicable series of Securities to be given by mailing notice thereof, at (by first class mail) the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Registersame. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees with respect to the applicable series by written instrument, in duplicate, executed by order of its the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholdersresignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture Security or Debentures Securities for at least six months may, subject to the provisions of Section 5.95.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Southwest Airlines Co)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures Debt Securities at their addresses as they shall appear on the Debenture Debt Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture Debt Security or Debentures Debt Securities for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Employment Agreement (Columbia Bancorp \Or\)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and Company. The Trustee may also be removed at any time upon written notice by mailing notice thereof, at the Company's expense, to the holders Holders of not less than a majority in aggregate principal amount of the Debentures at their addresses then outstanding Notes, as they shall appear on determined in accordance with Section 8.04 (the Debenture Register“Requisite Holders”). Upon receiving such notice of resignationresignation or removal, the Company shall promptly notify all Holders, and Requisite Holders may appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing giving of such notice of resignation to or removal (as the affected Securityholderscase may be), the resigning Trustee may may, upon ten (10) Business Days’ notice to the Company and the Holders and at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Selina Hospitality PLC)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 30 days’ written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders, and at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.12, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.trustee. (b) In case at any time any of the following shall occur: (i) the Trustee shall cease to be eligible in accordance with the provisions of Section 7.08 and shall fail to resign after written request therefor by the Company or by any such Holder, or (ii) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shall be appointed, or 45

Appears in 1 contract

Samples: Eagle Bulk Shipping Inc.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentureholders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) business days’ notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of or a successor Trusteetrustee, or or, if any Securityholder Xxxxxxxxxxxxxxx who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted 105 appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may, upon 10 Business Days’ notice to the Company and the Holders, appoint a successor trustee identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or if any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Rockley Photonics Holdings LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and the Guarantor and by mailing notice thereof, at the Company's expenseexpense of the Company and the Guarantor, to the holders of the Debentures Debt Securities at their addresses as they shall appear on the Debenture Debt Security Register. Upon receiving such notice of resignation, the Company or the Guarantor shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture Debt Security or Debentures Debt Securities for at least six months may, subject to the provisions of Section 5.95 09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving 30 days written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, (i) at the expense of the Company, appoint a successor trustee; and/or (ii) at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (BEST Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing delivering of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the expense of the Company upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Pattern Energy Group Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentures. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.98.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of DirectorsTrustees, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders60 days, the resigning Trustee may may, upon 10 Business Days’ notice to the Company, petition at the expense of the Company any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. At any time at which no Default or Event of Default has occurred and is continuing, the Company may, by a Board Resolution and upon 30 days’ notice to the Trustee, remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Trustees, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor Trustee.

Appears in 1 contract

Samples: Federal Realty OP LP

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem mxx xxxx proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (Usb Holding Co Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any --------------------------------- a time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture Registerregistry books of the Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.96.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Zenith Electronics Corp

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of ‌ ​ Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the Company’s expense, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.9‎Section 6.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. At any time at which no Event of Default has occurred and is continuing, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor Trustee.

Appears in 1 contract

Samples: Indenture (Advanced Energy Industries Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterSecurities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may, upon ten business days’ notice to the Company and the Securityholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six 6 months may, subject to the provisions of Section 5.98.13, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Cash America International Inc

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign and be discharged from the trust created hereby by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture Note Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the expense of the Company, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.11, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (I3 Verticals, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Community Bancorp/Indenture/Floating Rate Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Community Bancorp

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentureholders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of or a successor Trusteetrustee, or or, if any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees meeting the requirements of Section 8.09 and having no conflicting interests within the meaning of Section 8.08 by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) business days’ notice to the Company and the Noteholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six (6) months may, subject to the provisions of Section 5.97.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (LTX Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving at least thirty (30) days written notice of such resignation to the Company Issuer and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterNotes. Upon receiving such notice of resignation, the Company Issuer shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 thirty (30) calendar days after the mailing of such notice of resignation to the affected SecurityholdersNoteholders, the resigning Trustee may, upon ten (10) Business Days’ notice to the Issuer and the Noteholders, appoint a successor identified in such notice or may petition petition, at the sole expense of the Issuer, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, if any Securityholder Noteholder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months may, subject to the provisions of Section 5.96.09 hereof, on behalf of himself itself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: AFC Gamma, Inc.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and the Guarantor and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (MortgageIT Holdings, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and the Guarantor and by mailing notice thereof, at the Company's expenseexpense of the Company and the Guarantor, to the holders of the Debentures Debt Securities at their addresses as they shall appear on the Debenture Debt Security Register. Upon receiving such notice of resignation, the Company or the Guarantor shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture Debt Security or Debentures Debt Securities for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (American Safety Insurance Group LTD)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity reg- ister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself him- self and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Community Bank System Inc

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign with respect to one or more or all series of Securities by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures applicable series of Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees with respect to the applicable series by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction at the expense of the Company for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture Security or Debentures Securities of the applicable series for at least six 6 months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Chevron Phillips Chemical Co LLC

Resignation or Removal of Trustee. (a) a)...The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Securities at their addresses as they shall appear on the Debenture RegisterSecurity register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures Security for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Orion Capital Corp

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, at the Company’s expense, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. At any time at which no Event of Default has occurred and is continuing, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor Trustee.

Appears in 1 contract

Samples: Indenture (Enovis CORP)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.9‎‎Section 6.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee. At any time at which no Event of Default has occurred and is continuing, the Company may by a Board Resolution remove the Trustee and appoint a successor trustee by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the Trustee so removed and one copy to the successor Trustee.

Appears in 1 contract

Samples: Indenture (Assertio Holdings, Inc.)

Resignation or Removal of Trustee. (a) The Trustee, or any successor trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company Corporation and by mailing notice thereof, at the Company's expense, thereof to the holders Holders of the Debentures Senior Notes at their addresses as they shall appear on the Debenture Senior Note Register. Upon receiving such notice of resignation, the Company Corporation shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may petition petition, at the expense of the Corporation, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture or Debentures Senior Note for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Joy Global Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and the Guarantor and by mailing notice thereof, at the Company's expenseexpense of the Company and the Guarantor, to the holders of the Debentures Debt Securities at their addresses as they shall appear on the Debenture Debt Security Register. Upon receiving such notice of resignation, the Company or the Guarantor shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture Debt Security or Debentures Debt Securities for at least six months may, subject to the provisions of Section 5.937 5.09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders Holders of the Debentures at their addresses as they shall appear on the Debenture RegisterSecurities. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may, upon ten business days' notice to the Company and the Securityholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six 6 months may, subject to the provisions of Section 5.98.13, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Inverness Medical Innovations Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may may, at any time time, resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders Holders of the Debentures Securities at their addresses as they shall appear on the Debenture Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted accepted. appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder Holder of a Debenture Security or Debentures Securities for at least six months may, subject to the provisions of Section 5.95.09, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: State National Companies, Inc.

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing delivering notice thereof, at the Company's expense, thereof to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterHolders. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the mailing giving of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may, upon 10 Business Days’ notice to the Company and the Holders, appoint a successor trustee identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or if any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.trustee. 103

Appears in 1 contract

Samples: Indenture (Electra Battery Materials Corp)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture RegisterDebentures. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 sixty (60) days after the mailing of such notice of resignation to the affected SecurityholdersDebentureholders, the resigning Trustee may, upon ten (10) Business Days' notice to the Company and the Debentureholders, appoint a successor identified in such notice or may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or or, any Securityholder Debentureholder who has been a bona fide holder of a Debenture or Debentures for at least six (6) months may, subject to the provisions of Section 5.98.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Gencorp Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees Trustee hereafter appointed, may at any time resign with respect to one or more series of Securities by giving written notice of such resignation to the Company and or to the Securityholders, such notice to the Securityholders of applicable series of Securities to be given by mailing notice thereof, at (by first class mail) the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Registersame. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees Trustee with respect to the applicable series by written instrument, in duplicate, executed by order of its the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 days after the mailing of such notice of resignation to the affected Securityholdersresignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, or any Securityholder who has been a bona fide holder of a Debenture Security or Debentures Securities for at least six months may, subject to the provisions of Section 5.95.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (Southwest Airlines Co)

Resignation or Removal of Trustee. (a) 39.9.1. The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (First Financial Bancorp /Ca/)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, to the holders of the Debentures at their addresses as they shall appear on the Debenture Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 days after the mailing of such notice of resignation to the affected Securityholders, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee, or any Securityholder who has been a bona fide holder of a Debenture or Debentures for at least six months may, subject to the provisions of Section 5.9, . on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor Trustee. Such court may thereupon, after such notice, if any, . as it may deem proper and prescribe, appoint a successor Trustee.

Appears in 1 contract

Samples: Indenture (Commercial Capital Bancorp Inc)

Resignation or Removal of Trustee. (a) The Trustee, or any trustee or trustees hereafter appointed, Trustee may at any time resign by giving written notice of such resignation to the Company and by mailing notice thereof, at the Company's expense, thereof to the holders of the Debentures Holders at their addresses as they shall appear on the Debenture RegisterNote Register in the case of Physical Notes (and, in the case of Global Notes, by sending notice electronically in accordance with the applicable procedures of the Depositary). Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees by written instrument, in duplicate, executed by order of its the Board of Directors, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 60 calendar days after the mailing or sending, as the case may be, of such notice of resignation to the affected SecurityholdersHolders, the resigning Trustee may may, upon ten Business Days’ notice to the Company and the Holders, petition any court of competent jurisdiction at the expense of the Company for the appointment of a successor Trusteetrustee, or any Securityholder Holder who has been a bona fide holder of a Debenture Note or Debentures Notes for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 5.96.11, on behalf of himself or herself and all others similarly situated, petition any such court for the appointment of a successor Trusteetrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor Trusteetrustee.

Appears in 1 contract

Samples: Indenture (LGI Homes, Inc.)

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