Common use of Resignation or Removal Clause in Contracts

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or without cause by a notice in writing delivered to the Owner Trustee, the Indenture Trustee and Lessee. Any such removal shall be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In the case of the resignation or removal of the Owner Trustee, the Owner Participant may appoint a successor Owner Trustee by an instrument in writing. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such court.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days prior written notice to the Owner Participant, the Indenture Trustee Participant and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b8.01(b). In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or without cause by a notice in writing delivered to the Owner Trustee, the Indenture Trustee and Lessee. Any such removal shall be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b8.01(b). In the case of the resignation or removal of the Owner Trustee, the Owner Participant may appoint a successor Owner Trustee by an instrument in writing. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of 11 resignation or removal, the Owner Trustee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such court.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b8(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days days' prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Trustee with or without cause by a notice in writing delivered to the Owner Trustee, the Holders, the Indenture Trustee and Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In the case of the removal or resignation or removal of the Owner Trustee, the Owner Participant may may, after consultation in good faith with Lessee, appoint a successor Owner Trustee by an instrument in writingsigned by the Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee Trustee, the Owner Participant, Lessee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b8(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days days' prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Trustee with or without cause by a notice in writing delivered to the Owner Trustee, the Holders, the Indenture Trustee and Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee TRUST AGREEMENT [N604SW] -11- 17 under Section 9.01(b)) hereof. In the case of the removal or resignation or removal of the Owner Trustee, the Owner Participant may may, after consultation in good faith with Lessee, appoint a successor Owner Trustee by an instrument in writingsigned by the Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee Trustee, the Owner Participant, Lessee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) 13.3 of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days days' prior written notice to the Owner Participant, the Indenture Lender, Security Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section SECTION 9.01(b). In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Trustee with or without cause by a notice in writing delivered to the Owner Trustee, the Indenture Lender, Security Trustee and Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section SECTION 9.01(b). In the case of the resignation or removal of the Owner Trustee, the Owner Participant may appoint a successor Owner Trustee by an instrument in writingsigned by Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee Trustee, Owner Participant or the Indenture Trustee Lessee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed by Owner Participant as above provided within one year from provided. Any entity becoming a successor Owner Trustee hereunder shall be deemed the date of the appointment by "Owner Trustee" for all purposes hereof, and each reference herein to Owner Trustee shall thereafter be deemed a reference to such courtentity.

Resignation or Removal. (a) The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or without cause by a notice in writing delivered to the Owner Trustee, the Indenture Trustee and Lessee. Any such removal shall be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In the case of the resignation or removal of the Owner Trustee, the Owner Participant may appoint a successor Owner Trustee by an instrument in writing. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such court.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b8(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days days' prior written notice to the Owner TRUST AGREEMENT [N620SW] -11- 17 Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Trustee with or without cause by a notice in writing delivered to the Owner Trustee, the Holders, the Indenture Trustee and Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In the case of the removal or resignation or removal of the Owner Trustee, the Owner Participant may may, after consultation in good faith with Lessee, appoint a successor Owner Trustee by an instrument in writingsigned by the Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee Trustee, the Owner Participant, Lessee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b8(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days days' prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Trustee with or without cause by a notice in writing delivered to the Owner Trustee, the Holders, the Indenture Trustee and Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In the case of the removal or resignation or removal of the Owner Trustee, the Owner Participant may may, after consultation in good faith with Lessee, appoint a successor Owner Trustee by an instrument in writingsigned by the Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee Trustee, the Owner Participant, Lessee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a TRUST AGREEMENT [N396SW] -12- 18 successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b8(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days days' prior written notice to the each Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In addition, the a Majority in Interest of Owner Participant Participants may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or Trustee without cause by a notice in writing delivered to the Owner Trustee, all other Owner Participants, the Indenture Trustee and Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In the case of the resignation or removal of the Owner Trustee, the a Majority in Interest of Owner Participant Participants may appoint a successor Owner Trustee by an instrument in writingsigned by such Owner Participants, such successor to be approved by Lessee (which approval shall not be unreasonably withheld). If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee Trustee, any Owner Participant, Lessee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b6.01(e) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days sixty (60) days' prior written notice to the Owner Participant, Loan Trustee (so long as the Lien of the Indenture Trustee has not been fully discharged) and LesseeLessee (so long as the Lease is in effect), such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or Trustee without cause by a notice in writing delivered to the Owner Trustee, Loan Trustee (so long as the Lien of the Indenture Trustee has not been fully discharged) and Lessee. Any Lessee (so long as the Lease is in effect), such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)) hereof. In the case of the resignation or removal of the Owner Trustee, the Owner Participant may shall appoint a successor Owner Trustee by an instrument in writingsigned by Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 thirty (30) days after such notice of resignation or removal, the Owner Trustee Trustee, Owner Participant, Lessee or the Indenture Loan Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Indenture Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) thereto may resign at any time with or without cause by giving at least 60 days 30 days' prior written notice to the Owner Trust, the Owner Participant, the Indenture Trustee Lessee and Lesseeeach Noteholder, such resignation to be effective upon on the acceptance of appointment by the successor Owner to the Indenture Trustee under Section 9.01(b)pursuant to the provisions of subsection (b) below. In addition, a Majority in Interest in the Owner Participant Noteholders may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Indenture Trustee with or without cause by a notice an instrument in 40 45 writing delivered to the Owner Trust, the Owner Participant and the Indenture Trustee, and the Indenture Trustee Owner Trust shall give prompt written notification thereof to each Noteholder and the Lessee. Any such Such removal shall will be effective upon on the acceptance of appointment by the successor Owner Indenture Trustee under Section 9.01(b)pursuant to the provisions of subsection (b) below. In the case of the resignation or removal of the Owner Indenture Trustee, the Owner Participant a Majority in Interest of Noteholders may appoint a successor Owner Indenture Trustee by an instrument in writingsigned by such holders. If a successor Owner Indenture Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Indenture Trustee or the Indenture Trustee any Noteholder may apply to any court of competent jurisdiction to appoint a successor Owner Indenture Trustee to act until such time, if any, as a successor shall have been appointed by a Majority in Interest of Noteholders as above provided. Any The successor Owner Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Indenture Trustee appointed by a Majority in Interest in the Noteholders as above provided within one year from the date of the appointment by such courtprovided.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or without cause by a notice in writing delivered to the Owner Trustee, the Indenture Trustee and Lessee. Any such removal shall be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In the case of the resignation or removal of the Owner Trustee, the Owner Participant may appoint a successor Owner Trustee by an instrument in writing. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such court.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days thirty days’ prior written notice to the Owner Participant, the Indenture Trustee and the Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)8.01(b) hereof. In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or Trustee without cause by a notice in writing delivered to the Owner Trustee, the Indenture Trustee and the Lessee. Any , such removal shall to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b)8.01(b) hereof. In the case of the resignation or removal of the Owner Trustee, the Owner Participant may may, subject to Section 7.7 of the Participation Agreement, appoint a successor Owner Trustee by an instrument in writingsigned by the Owner Participant. If a successor Owner Trustee shall not have been appointed within 30 90 days after such notice of resignation or removal, the Owner Trustee Trustee, the Lessee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided if such superseding Owner Trustee is appointed within one year from the date of the appointment of a Owner Trustee by such court.

Resignation or Removal. The Owner Trustee or any successor Owner --------- ---------------------- Owner Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) may resign at any time without cause by giving at least 60 days prior written notice to the Owner Participant, the Indenture Trustee and Lessee, such resignation to be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In addition, the Owner Participant may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case with or without cause by a notice in writing delivered to the Owner Trustee, the Indenture Trustee and Lessee. Any such removal shall be effective upon the acceptance of appointment by the successor Owner Trustee under Section 9.01(b). In the case of the resignation or removal of the Owner Trustee, the Owner Participant may appoint a successor Owner Trustee by an instrument in writing. If a successor Owner Trustee shall not have been appointed within 30 days after such notice of resignation or removal, the Owner Trustee or the Indenture Trustee may apply to any court of competent jurisdiction to appoint a successor Owner Trustee to act until such time, if any, as a successor shall have been appointed as above provided. Any successor Owner Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such court.

Resignation or Removal. The Owner Indenture Trustee or any successor Owner --------- ---------------------- Trustee (i) shall resign if required to do so pursuant to Section 5.02(b) of the Participation Agreement and (ii) thereto may resign at any time with or without cause by giving at least 60 days thirty (30) days' prior written notice to the Owner Lessor, the Owner Participant, the Indenture Trustee Facility Lessees and Lesseeeach Noteholder, such resignation to be effective upon on the acceptance of appointment by the successor Owner Indenture Trustee under Section 9.01(b)pursuant to the provisions of subsection (b) below. In addition, the Owner Participant a Majority in Interest of Noteholders may at any time remove the Owner Trustee, or revoke the trusts created by this Trust Agreement, in either case Indenture Trustee with or without cause by a notice an instrument in writing delivered to the Owner Lessor, the Owner Participant and the Indenture Trustee, and the Indenture Trustee Owner Lessor shall give prompt written notification thereof to each Noteholder and Lesseethe Facility Lessees. Any such Such removal shall will be effective upon on the acceptance of appointment by the successor Owner Indenture Trustee under Section 9.01(b)pursuant to the provisions of subsection (b) below. In the case of the resignation or removal of the Owner Indenture Trustee, the Owner Participant a Majority in Interest of Noteholders may appoint a successor Owner Indenture Trustee by an instrument in writingsigned by such holders. If a successor Owner Indenture Trustee shall not have been appointed within 30 thirty (30) days after such notice of resignation or removal, the Owner Indenture Trustee or the Indenture Trustee any Noteholder may apply to any court of competent jurisdiction to appoint a successor Owner Indenture Trustee to act until such time, if any, as a successor shall have been appointed by a Majority in Interest of Noteholders as above provided. Any The successor Owner Indenture Trustee so appointed by such court shall immediately and without further act be superseded by any successor Owner Trustee appointed as above provided within one year from the date of the appointment by such court.act