Appointment of a Successor. Upon resignation or removal of the Trustee, the Employer shall appoint a successor trustee. Upon failure of the Employer to appoint, or the failure of the effectiveness of the appointment by the Employer of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust Fund and all property of the Trust after deducting therefrom such amounts as the Trustee deems necessary to provide for expenses, taxes, compensation or other amounts due to or by the Trustee pursuant to Sections 4.04 or 5.03 hereof not paid by the Employer prior to the delivery.
Appointment of a Successor. Upon resignation or removal of the Trustee, the Employer shall appoint a successor trustee. Upon failure of the Employer to appoint, or the failure of the effectiveness of the appointment by the Employer of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Subject to Sections 9.04 and 9.05 hereof, promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust Fund and all property of the Trust.
Appointment of a Successor. Upon resignation or removal of the Trustee, the Sponsor shall appoint a successor trustee. Upon failure of the Sponsor to appoint, or the failure of the effectiveness of the appointment by the Sponsor of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust and all property of the Trust after deducting therefrom such amounts as the Trustee deems necessary to provide for expenses, taxes, compensation or other amounts due to or by the Trustee pursuant to the provisions of this Trust Agreement not paid by the Sponsor prior to the delivery, provided such expenses, taxes, compensation or other amounts are reasonable and such deduction is consistent with the requirements of ERISA.
Appointment of a Successor. Any action to be taken under this Trust Agreement by a Sponsor or other person which is: (a) a corporation shall be taken by the board of directors of the corporation or any _person or persons duly empowered by the board of directors to take the action involved, (b) a partnership shall be taken by an authorized general partner of the partnership, (c) a sole proprietorship by the sole proprietor, and (d) a committee shall be taken (i) at a meeting at which a quorum is present by the vote or concurrence of a majority of the members present or (ii) without a meeting by unanimous written consent of the members.
Appointment of a Successor. Upon resignation or removal of -------------------------- the Trustee, Xxxxxxx Xxxxxx & Co., Inc., by resolution of its Board of Directors, shall appoint a successor trustee. Upon failure of the Board of Directors to appoint a successor trustee by the effective date of resignation or removal, the individual members of the Board of Directors of Xxxxxxx Xxxxxx & Co., Inc. shall become successor trustee until another successor trustee is appointed. Upon appointment of the successor trusteethe Trustee shall deliver to the successor trustee such records as may be reasonably required to enable the successor trustee properly to administer the trust fund, and shall deliver to the successor trustee all property of the trust after deducting such amounts as the Trustee deems necessary to provide for expenses, compensation, and taxes.
Appointment of a Successor. In case any trustee shall die, resign or be removed, a successor trustee shall be appointed forthwith by an instrument in writing signed by the chairman of the Society and delivered to all the trustees. Immediately upon his acceptance of the trusteeship in writing, he will assume the rights, powers and duties of a trustee hereunder with like effect as if originally named as a trustee.
Appointment of a Successor. Upon resignation or removal of the Trustee, the Employer shall appoint a successor trustee, provided that in connection with its resignation, the Trustee may designate another entity to be the successor unless the Employer appoints a successor trustee within 30 days of the notice of resignation. Notwithstanding the foregoing, upon failure of the Employer to appoint, or the failure of the effectiveness of the appointment by the Employer of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Subject to Sections 9.04 and 9.05 hereof, promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust Fund and all property of the Trust.
Appointment of a Successor. Upon any such notice of resignation pursuant to clause (G)(1) above, Requisite Lenders shall appoint a successor Agent (and a successor Canadian Agent, if applicable), which, in each case, unless an Event of Default has occurred and is continuing, shall be subject to Borrowing Agent’s approval. If a successor Agent (and a successor Canadian Agent, if applicable) shall not have been so appointed within the thirty (30) Business Day period referred to in clause (1) above, the retiring Agent, upon notice to Borrowing Agent, shall then appoint a successor Agent (and a successor Canadian Agent, if applicable) which, unless an Event of Default has occurred and is continuing shall be reasonably acceptable to Borrowing Agent who shall serve as Agent (and as Canadian Agent, if applicable) until such time, if any, as Requisite Lenders appoint a successor Agent (and a successor Canadian Agnet, if applicable) as provided above.
Appointment of a Successor. Upon resignation or removal of the Trustee, the Company shall appoint a successor trustee. Upon failure of the Company to appoint, or the failure of the effectiveness of the appointment by the Company of, a successor trustee by the effective date of the resignation or removal, the Trustee may apply to any court of competent jurisdiction for the appointment of a successor. Promptly after receipt by the Trustee of notice of the effectiveness of the appointment of the successor trustee, the Trustee shall deliver to the successor trustee such records as may be reasonably requested to enable the successor trustee to properly administer the Trust and all property of the Trust after deducting therefrom such amounts as the Trustee deems necessary to provide for expenses, taxes, compensation or other amounts due to or by the Trustee pursuant to the provisions of this Trust Agreement not paid by the Company prior to the delivery.
Appointment of a Successor. Upon resignation or removal of __________________________ the Trustee, Charles Schwab & Co., Inc., by resolution of its Board of Directxxx, xxaxx xxxoint a successor trustee. Upon failure of the Board of Directors to appoint a successor trustee by the effective date of resignation or removal, the individual members of the Board of Directors of Charles Schwab & Co., Inc. shall become successor trustee until xxxxxxx xxxxxxsor trustee is appointed. Upon appointment of the successor trusteethe Trustee shall deliver to the successor trustee such records as may be reasonably required to enable the successor trustee properly to administer the trust fund, and shall deliver to the successor trustee all property of the trust after deducting such amounts as the Trustee deems necessary to provide for expenses, compensation, and taxes.
