Certain Duties and Responsibilities. (1) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 82 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Note (Axos Financial, Inc.)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person's own affairs.
Appears in 8 contracts
Samples: Indenture (Levi Strauss & Co), Indenture (MRV Communications Inc), Indenture (Rite Aid Corp)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 4 contracts
Samples: Indenture (Exodus Communications Inc), Registration Rights Agreement (Exodus Communications Inc), Indenture (Globix Corp)
Certain Duties and Responsibilities. (1) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual trustee would exercise or use under the circumstances in the conduct of his or her its own affairs.
Appears in 3 contracts
Samples: Buckeye Partners, L.P., Indenture (Buckeye Partners L P), Buckeye Partners L P
Certain Duties and Responsibilities. (1) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person’s own affairs.
Appears in 3 contracts
Samples: BOSTON OMAHA Corp, BOSTON OMAHA Corp, BOSTON OMAHA Corp
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent individual man would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 3 contracts
Samples: Northern Border Partners Lp, Northern Border Partners Lp, Northern Border Pipeline Co
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person's own affairs.
Appears in 3 contracts
Samples: Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc), KDW Draft (Westbridge Capital Corp)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person's own affairs.
Appears in 3 contracts
Samples: Indenture (Philip Services Corp/De), Philip Services Corp/De, Philip Services Corp/De
Certain Duties and Responsibilities. (1) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person’s own affairs.
Appears in 2 contracts
Samples: Fiat Chrysler Finance Us Inc., Fiat Chrysler Automobiles N.V.
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall will exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise such exercise, as a prudent individual man would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc
Certain Duties and Responsibilities. (1) If i)If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person's own affairs., provided, however, that in no event shall the Trustee
Appears in 1 contract
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent individual Person would exercise or use under the circumstances in the conduct of his or her such Person’s own affairs.
Appears in 1 contract
Samples: Supplemental Indenture (Talen Energy Holdings, Inc.)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Indenture Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual person would exercise or use under the circumstances in the conduct of his or her own affairscircumstances.
Appears in 1 contract
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their exercise as a prudent individual Person would exercise or use under the circumstances in the conduct of his or her such Person's own affairs.
Appears in 1 contract
Samples: Apria Healthcare Group Inc
Certain Duties and Responsibilities. (1a) If an Indenture Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent individual Person would exercise or use under the circumstances in the conduct of his or her its own affairs.
Appears in 1 contract
Samples: Indenture (Cccisg Capital Trust)
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise such exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person’s own affairs.
Appears in 1 contract
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the such rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their its exercise thereof, as a prudent individual Person would exercise or use under the circumstances in the conduct of his or her such Person's own affairs.
Appears in 1 contract
Samples: Smith & Wesson Holding Corp
Certain Duties and Responsibilities. (1a) If an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in their its exercise as a prudent individual person would exercise or use under the circumstances in the conduct of his or her such person's own affairs.
Appears in 1 contract
Samples: Southern Mineral Corp
Certain Duties and Responsibilities. (1) If an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise its exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her own affairs.
Appears in 1 contract
Samples: Pinnacle Holdings Inc
Certain Duties and Responsibilities. (1a) If an Event of Default with respect to a particular series has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture Indenture, and use the same degree of care and skill in their exercise exercise, as a prudent individual person would exercise or use under the circumstances in the conduct of his or her its own affairs.
Appears in 1 contract
