Common use of Separate Trustees and Co-Trustees Clause in Contracts

Separate Trustees and Co-Trustees. (a) Notwithstanding any other provisions hereof, at any time, for the purpose of meeting legal requirements of the Trust Indenture Act, if applicable, or of any jurisdiction in which any part of a Trust Estate may at the time be located, the Indenture Trustee shall have the power to, and shall execute and deliver all instruments to, appoint one or more Persons to act as separate trustees or co-trustees hereunder, jointly with the Indenture Trustee, of any portion of a Trust Estate subject to this Indenture, and any such Persons shall be such separate trustee or co-trustee, with such powers and duties consistent with this Indenture as shall be specified in the instrument appointing such Person but without thereby releasing the Indenture Trustee from any of its duties hereunder. If the Indenture Trustee shall request the Issuer to do so, the Issuer shall join with the Indenture Trustee in the execution of such instrument, but the Indenture Trustee shall have the power to make such appointment without making such request. A separate trustee or co-trustee appointed pursuant to this Section 6.13 need not meet the eligibility requirements of Section 6.08.

Appears in 6 contracts

Samples: Criimi Mae CMBS Corp, Criimi Mae CMBS Corp, Criimi Mae CMBS Corp

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Separate Trustees and Co-Trustees. (a) Notwithstanding any other provisions hereof, If at any time, time the Trustee reasonably shall deem it necessary for the purpose of meeting any legal requirements applicable to it in the performance of the Trust Indenture Act, if applicable, or its duties hereunder (including any legal requirements of any jurisdiction in which any part of a Trust Estate may at the time be Collateral is located), the Indenture Trustee shall have the power to, and shall shall, execute and deliver any and all instruments to, necessary to appoint one or more Persons to act as separate trustees or co-trustees hereunder, jointly with the Indenture Trustee, of any portion of a Trust Estate the Collateral, to the extent applicable, subject to this Indenture, and any such Persons shall be such separate trustee or co-trustee, with such powers and duties consistent with this Indenture and the other Security Documents as shall be specified in the instrument appointing such Person but without thereby releasing the Indenture Trustee from any of its duties hereunder. If the Indenture Trustee shall request the Issuer so to do sodo, the Issuer shall join with the Indenture Trustee in the execution of such instrument, but the Indenture Trustee shall have the power to make such appointment without making such requestrequest and without obtaining the Issuer's execution of such instrument. A All fees and expenses of any separate trustee or co-trustee appointed pursuant to this Section 6.13 need not meet shall be paid by the eligibility requirements of Section 6.08Issuer.

Appears in 4 contracts

Samples: Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp), Indenture and Servicing Agreement (Gotham Golf Corp)

Separate Trustees and Co-Trustees. (a) Notwithstanding any other provisions hereof, at any time, for the purpose of meeting legal requirements applicable to it in the performance of the Trust Indenture Act, if applicable, or of any jurisdiction in which any part of a Trust Estate may at the time be locatedits duties hereunder, the Indenture Trustee shall have the power to, and shall execute and deliver all instruments to, appoint one or more Persons to act as separate trustees or co-trustees hereunder, jointly with the Indenture Trustee, hereunder of any portion of a Trust Estate the Collateral subject to this Indenture, and any such Persons shall be such separate trustee or co-trustee, with such powers and duties consistent with this Indenture as shall be specified in the instrument appointing such Person but without thereby releasing the Indenture Trustee from any of its duties hereunderPerson. If the Indenture Trustee shall request the Issuer Company to do so, the Issuer Company shall join with the Indenture Trustee in the execution of such instrument, but the Indenture Trustee shall have the power to make such appointment without making such request. A separate trustee or co-trustee appointed pursuant to this Section 6.13 7.13 need not meet the eligibility requirements of Section 6.087.10. No trustee hereunder shall be personally liable because of any act or omission of any other trustee hereunder and any appointed separate or co-trustee hereunder shall not be deemed an agent of the appointing trustee.

Appears in 2 contracts

Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.)

Separate Trustees and Co-Trustees. (a) Notwithstanding any other provisions hereof, at any time, for the purpose of meeting legal requirements applicable to it in the performance of the Trust Indenture Act, if applicable, or of any jurisdiction in which any part of a Trust Estate may at the time be locatedits duties hereunder, the Indenture Trustee shall have the power to, and shall execute and deliver all instruments to, appoint one or more Persons to act as separate trustees or co-trustees hereunder, jointly with the Indenture Trustee, of any portion of a Trust Estate the Collateral subject to this Indenture, and any such Persons shall be such separate trustee or co-trustee, with such powers and duties consistent with this Indenture as shall be specified in the instrument appointing such Person but without thereby releasing the Indenture Trustee from any of its duties hereunder. If the Indenture Trustee shall request the Issuer Company to do so, the Issuer Company shall join with the Indenture Trustee in the execution of such instrument, but the Indenture Trustee shall have the power to make such appointment without making such request. A separate trustee or co-trustee appointed pursuant to this Section 6.13 8.11 need not meet the eligibility requirements of Section 6.088.10. No trustee hereunder shall be personally liable because of any act or omission of any other trustee hereunder and any appointed separate or co-trustee hereunder shall not be deemed an agent of the appointing trustee.

Appears in 1 contract

Samples: Supplemental Indenture (Ion Geophysical Corp)

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Separate Trustees and Co-Trustees. (a) Notwithstanding any other provisions hereof, If at any time, time the Trustee reasonably shall deem it necessary for the purpose of meeting any legal requirements applicable to it in the performance of the Trust Indenture Act, if applicable, or its duties hereunder (including any legal requirements of any jurisdiction in which any part of a Trust Estate may at the time be Collateral is located), the Indenture Trustee shall have the power to, and shall shall, execute and deliver any and all instruments to, necessary to appoint one or more Persons to act as separate trustees or co-trustees hereunder, jointly with the Indenture Trustee, of any portion of a Trust Estate the Collateral, including any of the Mortgaged Properties, to the extent applicable, subject to this Indenture, and any such Persons shall be such separate trustee or co-trustee, with such powers and duties consistent with this Indenture and the other Security Documents as shall be specified in the instrument appointing such Person but without thereby releasing the Indenture Trustee from any of its duties hereunder. If the Indenture Trustee shall request the Issuer so to do sodo, the Issuer shall join with the Indenture Trustee in 103 112 the execution of such instrument, but the Indenture Trustee shall have the power to make such appointment without making such request. A All fees and expenses of any separate trustee or co-trustee appointed pursuant to this Section 6.13 need not meet shall be paid by the eligibility requirements of Section 6.08Issuer.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vornado Realty Trust)

Separate Trustees and Co-Trustees. (a) Notwithstanding any other provisions hereof, at any time, for the purpose of meeting legal requirements of the Trust Indenture Act, if applicable, or of any jurisdiction in which any part of a Trust Estate may at the time be located, the Indenture Trustee shall have the power to, and shall execute and deliver all instruments to, appoint one or more Persons to act as separate trustees or co-trustees hereunder, jointly with the Indenture Trustee (or, in any jurisdiction in which the Indenture Trustee is incompetent or unqualified to perform certain acts, singly upon such separate trustee or co-trustee, who will exercise and perform such rights, powers, duties and obligations solely at the direction of the Indenture Trustee), of any portion of a Trust Estate subject to this Indenture, and any such Persons shall be such separate trustee or co-trustee, with such powers and duties consistent with this Indenture as shall be specified in the instrument appointing such Person but without thereby releasing the Indenture Trustee from any of its duties hereunder. If the Indenture Trustee shall request the Issuer to do so, the Issuer shall join with the Indenture Trustee in the execution of such instrument, but the Indenture Trustee shall have the power to make such appointment without making such request. A separate trustee or co-trustee appointed pursuant to this Section 6.13 need not meet the eligibility requirements of Section 6.08.

Appears in 1 contract

Samples: Indenture (Collateralized Mortgage Bonds Series 1999 1)

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