Resignation or Removal of Trustees. Each of the Trustee and the Delaware Trustee may at any time resign and be discharged from the trust hereby created by giving written notice thereof to the NIMS Insurer, the Depositor, the Servicer, the Swap Counterparty and the Certificateholders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee by written instrument, in duplicate, which instrument shall be delivered to the resigning trustee and to the successor trustee acceptable to the NIMS Insurer and to the Holders of Certificates entitled to at least 51% of the Voting Rights. A copy of such instrument shall be delivered to the Certificateholders and the Servicer by the Depositor. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning trustee may petition any court of competent jurisdiction for the appointment of a successor trustee. If at any time the Trustee or the Delaware Trustee shall cease to be eligible in accordance with the provisions of Section 8.06 and shall fail to resign after written request therefor by the Depositor or the NIMS Insurer, or if at any time the Trustee or the Delaware Trustee shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of such trustee or of its property shall be appointed, or any public officer shall take charge or control of such trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then the Depositor or the NIMS Insurer, may remove such trustee and the Depositor may appoint a successor trustee, acceptable to the NIMS Insurer and to the Holders of Certificates entitled to at least 51% of the Voting Rights, by written instrument, in triplicate, which instrument shall be delivered to the trustee so removed, the trustee continuing and to the successor trustee. A copy of such instrument shall be delivered to the Certificateholders and the Servicer by the Depositor. The Holders of Certificates entitled to at least 51% of the Voting Rights, with the consent of the NIMS Insurer, may at any time remove the Trustee or the Delaware Trustee and appoint a successor trustee by written instrument or instruments, in triplicate, signed by the NIMS Insurer or such Holders, as applicable, or their attorneys‑in‑fact duly authorized, one complete set of which instruments shall be delivered to the Depositor, one complete set to the trustee so re...
Resignation or Removal of Trustees. (a) A Trustee may at any time resign by giving thirty (30) days prior written notice to the Initial Beneficiary and each Certificateholder. Upon receiving the notice of resignation, the holder of the UTI (in the case of the UTI Trustee, Administrative Trustee or Delaware Trustee) or the holder of the applicable SUBI (in the case of a SUBI Trustee) shall promptly appoint a successor Trustee who meets the eligibility requirements set forth in Section 6.2 by written instrument.
Resignation or Removal of Trustees. (a) A Trustee may at any time resign by giving thirty (30) days prior written notice to the Settlor and each Certificateholder. Upon receiving the notice of resignation, the Settlor shall promptly appoint a successor Trustee who meets the eligibility requirements set forth in Section 6.2 by written instrument.
Resignation or Removal of Trustees i. The Trustees and each Trustee shall serve until death, resignation or removal by the Employer.
Resignation or Removal of Trustees. (a) A Trustee may at any time resign by giving written notice of such resignation to the Company and by delivering notice thereof to the Holders. Upon receiving such notice of resignation, the Company shall promptly 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 resigning Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 45 days after the giving of such notice of resignation to the Holders, the resigning Trustee 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 trustee, or any Holder who has been a bona fide Holder for at least six months (or since the date of this Indenture) may, subject to the provisions of Section 6.11, 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.
Resignation or Removal of Trustees. A Trustee may resign at any time as a Trustee of the Master Trust by delivering notice of such resignation not less than thirty (30) days prior to the effective date thereof to the Company and each of the other Trustees then serving hereunder. Prior to a Change of Control, the Company may remove a Trustee at any time for any reason by notice to the Trustees. Upon a Change of Control, BOA Banks shall immediately and without further action be removed as a Trustee. Further, upon a Change of control the Company may not remove a Trustee; however, a Trustee may be removed at any time by the affirmative vote of a majority of the remaining Trustees.
Resignation or Removal of Trustees. (h) Subject to Section 8.02(c) hereof, a Trustee may at any time resign and be discharged from the Trust by giving sixty (60) days’ prior written notice thereof to other parties hereto and the Holders. Upon receiving a notice of resignation from the Owner Trustee, the Certificateholder shall promptly appoint a successor Owner Trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Owner Trustee, one copy to the successor Owner Trustee and one copy to each Noteholder. Upon receiving a notice of resignation from the Note Trustee, the Majority Noteholders shall promptly appoint a successor Note Trustee reasonably acceptable to the Certificateholder by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Note Trustee, one copy to the successor Note Trustee and one copy to the Holders.
Resignation or Removal of Trustees. Any Trustee may be removed by the Employer at any time upon thirty (30) days' notice in writing to the Trustees, which notice may be waived by the Trustees. A Trustee may resign at any time upon thirty (30) days notice in writing to the Employer, which notice may be waived by the Employer. Upon such removal or resignation of a Trustee, or upon the death or disability of a Trustee, the Employer may, or in the event there is no then acting Trustee, who shall have the same powers and duties as those conferred upon the other trustees, who shall have the same powers and duties as those conferred upon the other Trustee.
Resignation or Removal of Trustees. Any Trustee acting hereunder may resign at any time upon thirty (30) days' written notice to the Company, the Committee and the remaining Trustees, and the Company may remove any Trustee upon thirty (30) days' written notice to the Trustees and the Committee; but the Company and such Trustee may by written instrument waive such notice. If any Trustee shall resign, be removed, or for any other reason cease to be Trustee, the Company shall appoint a successor Trustee or Trustees. Subject to the foregoing provisions, any resignation or removal of the Trustee or appointment of a new Trustee shall be by instrument in writing and shall become effective on the date therein specified. Any successor Trustee shall have the same powers and duties as the succeeded Trustee, subject to such changes as the Company may then determine. The appointment of any successor Trustee or Trustees hereunder shall without any separate instrument or conveyance immediately vest title to the assets of the Trust in such successor Trustee or Trustees. Upon request of such successor Trustee or Trustees, the Company and the Trustee ceasing to act shall execute and deliver such instruments of conveyance and further assurance and do such other things as may reasonably be required for more fully and certainly vesting and confirming
Resignation or Removal of Trustees. (a A Trustee may give notice of its intent to resign and be discharged from the trusts hereby created by written notice thereof to the Holders of the General Interest Certificates (in the case of the General Interest Trustee or the Delaware Trustee) or the Holders of the applicable Portfolio Interest Certificates (in the case of a Portfolio Trustee); provided that no such resignation shall become effective, and such Trustee shall continue to serve until the time set forth in Section 5.8(d). Upon receiving such notice of resignation, the Requisite Holders shall promptly appoint a successor Trustee by delivering a written instrument, in duplicate, to the resigning Trustee and the successor Trustee. If no successor Trustee shall have been appointed and have accepted appointment within 60 days after the giving of such notice, the resigning Trustee giving such notice may petition any court of competent jurisdiction for the appointment of a successor Trustee.
