Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 83 contracts
Samples: Indenture (Haemonetics Corp), Supplemental Indenture (Biora Therapeutics, Inc.), Indenture (Progress Software Corp /Ma)
Duties of the Trustee. (Aa) If an Event of Default known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 22 contracts
Samples: Indenture (Guilford Pharmaceuticals Inc), Indenture (Credence Systems Corp), Indenture (Vion Pharmaceuticals Inc)
Duties of the Trustee. (Aa) If an Event of Default has occurred occurs and is continuingcontinuing with respect to the Debentures of any series, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Junior Indenture with respect to that series and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 14 contracts
Samples: Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD)
Duties of the Trustee. (Aa) If an Event of Default known to the Trustee has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 11 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)
Duties of the Trustee. (Aa) If an Event of Default has occurred occurs and is continuingcontinuing with respect to the Debentures of any series, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture with respect to that series and use the same degree of care and skill in its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 9 contracts
Samples: Public Service Enterprise Group Inc, Pseg Funding Trust Ii, Public Service Electric & Gas Co
Duties of the Trustee. (Aa) If In the event an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 8 contracts
Samples: Indenture (Zillow Group, Inc.), Indenture (Zillow Group, Inc.), Redfin Corporation And (Redfin Corp)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuingcontinuing with respect to a Trust Fund, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Agreement and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 8 contracts
Samples: Master Trust Agreement, Master Trust Agreement, Master Trust Agreement
Duties of the Trustee. (Aa) If an Event of Default actually known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 5 contracts
Samples: Indenture (Nortel Networks LTD), Indenture (Nortel Networks LTD), Indenture (Nortel Networks Corp)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 4 contracts
Samples: Indenture (Met Ed Capital Trust), Indenture (Pennsylvania Electric Co), Indenture (Metropolitan Edison Co)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 4 contracts
Samples: Del Webb Corp, Del Webb Corp, Del Webb Corp
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuingcontinuing with respect to the Convertible Debentures, the Trustee will 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 its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 4 contracts
Samples: Indenture (Capital Trust), Execution Copy (Viatel Inc), Indenture (Wellsford Real Properties Inc)
Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, and a Responsible Officer of the Trustee has written notice or actual knowledge of the same, then, without limiting the generality of Section 10.02(F), the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 4 contracts
Samples: Indenture (Rivian Automotive, Inc. / DE), Indenture (Envista Holdings Corp), Indenture (Freshpet, Inc.)
Duties of the Trustee. (A) If an Event of a Servicing Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Agreement and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Novastar Home Equity Loan Asset Backed Cert Series 2003-3), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Equity Loan Ser 2003-4)
Duties of the Trustee. (Aa) If In the event an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Avalara, Inc., Redfin Corp, Redfin Corp
Duties of the Trustee. (A1) If an Event of Default has occurred and is continuing, the Trustee will Trustee, once it has actual knowledge or has received written notification of such Event of Default, 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 3 contracts
Samples: Indenture (WPC Eurobond B.V.), Indenture (W. P. Carey Inc.), Indenture (W. P. Carey Inc.)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenturethe Indenture and the other Security Agreements, and use the same degree of care and skill in its their exercise, as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 3 contracts
Samples: Limited Guarantee (Amerco /Nv/), Limited Guarantee (Amerco /Nv/), Limited Guarantee (Amerco /Nv/)
Duties of the Trustee. (Aa) If an Event of Default known to the Trustee has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Amkor Technology Inc), Amkor Technology Inc, Leasing Solutions Inc
Duties of the Trustee. (Aa) If an Event of Default with respect to the Notes known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 3 contracts
Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 2 contracts
Samples: Paragon Auto Receivables Corp, Paragon Auto Receivables Corp
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 2 contracts
Samples: Indenture (Telemundo Group Inc), Indenture (Telemundo Group Inc)
Duties of the Trustee. (Aa) If an Event of Default known to the Trustee has occurred and is continuingcontinuing with respect to Securities of any series, the Trustee will 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 its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 2 contracts
Samples: Indenture (Amkor International Holdings, LLC), Amkor Technology Inc
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the its rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 2 contracts
Samples: Promissory Note (Genesis Financial Group Inc \Va\), Genesis Financial Group Inc \Va\
Duties of the Trustee. (Aa) If an Event of Default of which the Trustee has actual knowledge has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Indenture and the Security Documents and use the same degree of care and skill in its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 1 contract
Samples: Crown Resources Corp
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person Person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 1 contract
Samples: Indenture (Gencorp Inc)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuingcontinuing with respect to the Debentures of any series, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, Amended and Restated Indenture and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 1 contract
Samples: Capital Trust Inc
Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, and a Responsible Officer of the Trustee has written notice of the same at the Corporate Trust Office of the Trustee, then, without limiting the generality of Section 10.02(F), the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.. Table of Contents
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
Duties of the Trustee. (A) If an Event of Default has occurred and is continuingcontinuing of which the Trustee has actual knowledge, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Samples: Supplemental Indenture (Better Home & Finance Holding Co)
Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.. 108
Appears in 1 contract
Samples: Supplemental Indenture (Maxeon Rooster HoldCo, Ltd.)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such personPerson’s own affairs.
Appears in 1 contract
Samples: Triumph Group Inc
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this IndentureAgreement and the other Note Documents, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 1 contract
Samples: Indenture (Amerco /Nv/)
Duties of the Trustee. (A) If A)If an Event of Default has occurred and is continuing, and a Responsible Officer of the Trustee has written notice or actual knowledge of the same, then the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Samples: Indenture (Vertex, Inc.)
Duties of the Trustee. (A) A. If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Samples: Perficient Inc
Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, and a Responsible Officer of the Trustee has received written notice or has actual knowledge of the same, then the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Samples: Pledge and Security Agreement (Marti Technologies, Inc.)
Duties of the Trustee. (A1) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 1 contract
Samples: Peco Energy Co
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.. 91
Appears in 1 contract
Duties of the Trustee. (A) If an Event of Default has occurred and is continuingcontinuing of which a Responsible Officer of the Trustee has received written notice, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Samples: Post Holdings, Inc.
Duties of the Trustee. (A) If an Event of Default has occurred and is continuing, and a Responsible Officer of the Trustee has written notice or actual knowledge of the same, then, without limiting the generality of Section 10.01(F), the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Appears in 1 contract
Samples: Faro Technologies Inc
Duties of the Trustee. (Aa) If an Event of Default known to the Trustee has occurred and is continuing, the Trustee will 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 its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.use
Appears in 1 contract
Samples: Indenture (Vlsi Technology Inc)
Duties of the Trustee. (A) If an Event of Default known to a Trust Officer of the Trustee has occurred and is continuing, the Trustee will 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 its exercise, their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s his or her own affairs.
Appears in 1 contract
Samples: Indenture (Doubleclick Inc)
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will 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 its exercise, as a prudent person would their exercise or use under the circumstances in the conduct of such person’s own affairs.as
Appears in 1 contract
Duties of the Trustee. (Aa) If an Event of Default has occurred ---------------------- occurs and is continuingcontinuing with respect to the Debentures, the Trustee will 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 its exercise, exercise as a prudent person man would exercise or use under the circumstances in the conduct of such person’s his own affairs.
Appears in 1 contract
Samples: SJG Capital Trust
Duties of the Trustee. (Aa) If an Event of Default has occurred and is continuing, the Trustee will shall exercise such of the rights and powers vested in it by this IndentureAgreement and the Security Documents, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s 's own affairs.
Appears in 1 contract
Samples: Amerco /Nv/