Common use of Resignation or Removal of Trustee Clause in Contracts

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the Trustee may resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more series by giving notice thereof to the Company and by giving notice thereof to the holders of Debt Securities of such series, in the manner and to the extent provided in subsection (c) of Section 11.10. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignation, the resigning trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series who has been a bona fide holder of a Debt Security or Debt Securities of such series for at least six months may on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 7 contracts

Samples: Indenture (Roberts Trading Corp), Indenture (First Sierra Financial Inc), Indenture (Westell Technologies Inc)

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Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the Trustee may resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more series by giving notice thereof to the Company and by giving notice thereof to the holders of Debt Securities of such series, in the manner and to the extent provided in subsection (c) of Section 11.10. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignation, the resigning trustee may petition at the expense of the Company any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series who has been a bona fide holder of a Debt Security or Debt Securities of such series for at least six months may on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 5 contracts

Samples: Indenture, Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Securities register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the its Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 3 contracts

Samples: Indenture (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the or any Trustee or Trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and by giving mailing notice thereof of such resignation to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees (it being understood that any such successor trustee may be appointed Trustees with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order in the name of and on behalf of the Board of DirectorsCompany by a duly authorized officer, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trusteeTrustee. If no successor trustee Trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.14, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteeTrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteeTrustee.

Appears in 3 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co), Indenture (WPX Energy, Inc.)

Resignation or Removal of Trustee. (a) Subject The Trustee, or any trustee or trustees hereafter appointed, may, upon sixty days written notice to the limitations contained in subsection (d) of this Section 11.6Company, the Trustee may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series by giving written notice thereof of resignation to the Company and (i) if any Unregistered Securities of a series affected are then outstanding, by giving notice thereof of such resignation to the holders of Debt Holders thereof, by publication at least once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), (ii) if any Unregistered Securities of a series affected are then outstanding, by mailing notice of such series, in the manner and resignation to the extent provided Holders thereof who have filed their names and addresses with the Trustee as described in subsection Section 5.02(a)(iii) at such addresses as were so furnished to the Trustee and (ciii) by mailing notice of Section 11.10such resignation to the Holders of then outstanding Registered Securities of each series affected at their addresses as they shall appear on the Security Register. Upon receiving such notice of resignation, resignation the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 60 thirty days after the mailing of such notice of resignationresignation to the Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder Holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 3 contracts

Samples: Subordinated Indenture (Residential Capital Corp), Gmac Residential Holding Corp., Residential Capital Corp

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order under the authority of the a Board of DirectorsResolution, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 2 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order under the authority of the a Board of DirectorsResolution, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 30 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 2 contracts

Samples: Indenture (Nb Capital Trust I), Interpool Inc

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the Trustee may resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more series by giving notice thereof to the Company and by giving notice thereof to the holders of Debt Securities of such series, in the manner and to the extent provided in subsection (c) of Section 11.10. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignation, the resigning trustee may may, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder Holder of Debt Securities of such series who has been a bona fide holder Holder of a Debt Security or Debt Securities of such series for at least six months may on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 2 contracts

Samples: Omnova Solutions Inc, Omnova Solutions Inc

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the its Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six 6 months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 2 contracts

Samples: Indenture (Phillips Petroleum Co), Indenture (Phillips Petroleum Co)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the The Trustee may resign and be discharged from the trust hereby created with respect to the Debt any series of Securities of one or more series at any time by giving written notice thereof of such resignation to the Company. The Company and by giving notice thereof shall mail or cause to be mailed to the holders Holders of Debt the applicable series of Securities notice of such series, in the manner and to resignation of the extent provided in subsection (c) of Section 11.10Trustee. Upon receiving such notice of resignationresignation with respect to the applicable series of Securities, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such that series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order or pursuant to a resolution of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no a successor trustee shall not have been so appointed with respect to any series of Securities, and shall have accepted appointment within 60 30 days after the mailing giving of such notice of resignationresignation to the Holders of such series, the resigning trustee may Trustee may, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Holder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 7.09, on behalf of himself such Holder and all others similarly situated, petition any such court for the appointment of a successor trusteetrustee with respect to that series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Indenture (Betzdearborn Inc)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the Trustee may resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more series by giving notice thereof to the Company and by giving notice thereof to the holders of Debt Securities of such series, in the manner and to the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees Trustees (it being understood that any such successor trustee Trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee Trustee has resigned and that at any time there shall be only one trustee Trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trusteeTrustee. If no successor trustee Trustee shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignation, the resigning trustee may Trustee, the Company or the Holders of at least 10% in aggregate Principal Amount of any series of Debt Securities then outstanding may, petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee, or any holder Holder of Debt Securities of such series who has been a bona fide holder Holder of a Debt Security or Debt Securities of such series for at least six months may on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteeTrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteeTrustee.

Appears in 1 contract

Samples: Park Ohio Holdings Corp

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the The Trustee may at any time resign and be discharged from the trust hereby created with respect to the any series of Debt Securities of one or more series by giving written notice thereof by first class mail of such resignation to the Company and by giving notice thereof to the holders Holders of such series of Debt Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Debt Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee with respect to such series shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the Holders, the resigning trustee may Trustee may, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder Holder of such series of Debt Securities of such series who has been a bona fide holder Holder of a Debt Security or Debt Securities of such series for at least six months may may, subject to the provisions of Section 7.9, on behalf of himself such Holder and all others similarly situated, petition any such court for the appointment of a successor trusteetrustee with respect to such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a such successor trustee.

Appears in 1 contract

Samples: Indenture (Gulf Island Services, L.L.C.)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their ad dresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security reg ister. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order exe cuted under the authority of the a Board of DirectorsResolution, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor succes sor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 30 days after the mailing of such notice of resignationresigna tion to the affected Securityholders, the resigning trustee resign ing Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Indenture (Nb Capital Trust I)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and by giving mailing notice thereof to the holders of Debt Securities of such series, in series at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee with respect to the Securities of such series shall have been so appointed and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such series for at least six months may may, subject to the requirements of Section 315(e) of the Trust Indenture Act of 1939, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteetrustee with respect to the Securities of such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteetrustee with respect to the Securities of such series.

Appears in 1 contract

Samples: General Electric (General Electric Capital Corp)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the or any Trustee or Trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and (i) if any Unregistered Securities of a series affected are then Outstanding, by giving notice of such resignation to the holders thereof, by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, at least once in an Authorized Newspaper in London and, if any such Unregistered Securities are listed on the Luxembourg Stock Exchange, at least once in an Authorized Newspaper in Luxembourg, (ii) if any Unregistered Securities of a series affected are then Outstanding, by mailing notice of such resignation to the holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act of 1939, at such addresses as were so furnished to the Trustee and (iii) by mailing notice of such resignation to the holders of Debt then Outstanding Registered Securities of such series, in each series affected at their addresses as they shall appear on the manner and to registry books of the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees (it being understood that any such successor trustee may be appointed Trustees with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order in the name of and on behalf of the Board of DirectorsCompany by a duly authorized officer, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trusteeTrustee. If no successor trustee Trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteeXxxxxxx. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteeTrustee.

Appears in 1 contract

Samples: Debt Indenture (General Electric Capital Corp)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the --------------------------------- or any Trustee or Trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities at their addresses as they shall appear on the registry books of such series, in the manner and to the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees (it being understood that any such successor trustee may be appointed Trustees with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order in the name of and on behalf of the Board of DirectorsCompany by a duly authorized officer, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trusteeTrustee. If no successor trustee Trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteeTrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteeTrustee.

Appears in 1 contract

Samples: General Electric Capital Corp

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Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving the Company shall promptly give notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the its Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 30 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six 6 months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Indenture (Citicorp)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities at their addresses as they shall appear on the registry books of such series, in the manner and to the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Indenture (Hecla Mining Co/De/)

Resignation or Removal of Trustee. (an) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities at their addresses as they shall appear on the registry books of such series, in the manner and to the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Indenture (Pico Holdings Inc /New)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Securities register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the its Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 7.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Masco Corp /De/

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the Trustee or any trustee or trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series of Securities by giving written notice thereof of such resignation to the Company and by giving mailing notice thereof to the holders of Debt the applicable series of Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Security register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the its Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed with respect to any series of Securities and have accepted appointment within 60 30 days after the mailing of such notice of resignationresignation to the affected Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six 6 months may may, subject to the provisions of Section 5.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Indenture (Citicorp)

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the or any --------------------------------- Trustee or Trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and (i) if any Unregistered Securities of a series affected are then Outstanding, by giving notice of such resignation to the holders thereof, by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, at least once in an Authorized Newspaper in London and, if any such Unregistered Securities are listed on the Luxembourg Stock Exchange, at least once in an Authorized Newspaper in Luxembourg, (ii) if any Unregistered Securities of a series affected are then Outstanding, by mailing notice of such resignation to the holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act of 1939, at such addresses as were so furnished to the Trustee and (iii) by mailing notice of such resignation to the holders of Debt then Outstanding Registered Securities of such series, in each series affected at their addresses as they shall appear on the manner and to registry books of the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees (it being understood that any such successor trustee may be appointed Trustees with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order in the name of and on behalf of the Board of DirectorsCompany by a duly authorized officer, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trusteeTrustee. If no successor trustee Trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteeTrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteeTrustee.

Appears in 1 contract

Samples: General Electric Capital Corp

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6The Trustee, the or any Trustee or Trustees hereafter appointed, may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of any one or more or all series of Securities by giving written notice thereof of resignation to the Company and (i) if any Unregistered Securities of a series affected are then Outstanding, by giving notice of such resignation to the holders thereof, by publication at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York, at least once in an Authorized Newspaper in London and, if any such Unregistered Securities are listed on the Luxembourg Stock Exchange, at least once in an Authorized Newspaper in Luxembourg, (ii) if any Unregistered Securities of a series affected are then Outstanding, by mailing notice of such resignation to the holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act of 1939, at such addresses as were so furnished to the Trustee and (iii) by mailing notice of such resignation to the holders of Debt then Outstanding Registered Securities of such series, in each series affected at their addresses as they shall appear on the manner and to registry books of the extent provided in subsection (c) of Section 11.10Company. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee Trustee or trustees (it being understood that any such successor trustee may be appointed Trustees with respect to the Debt Securities of one or more or all of such applicable series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order in the name of and on behalf of the Board of DirectorsCompany by a duly authorized officer, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trusteeTrustee. If no successor trustee Trustee shall have been so appointed with respect to any series and have accepted appointment within 60 days after the mailing giving of such notice of resignation, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trusteeTrustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteeTrustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trusteeTrustee.

Appears in 1 contract

Samples: General Electric Capital Corp

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the The Trustee may at any time resign and be discharged from the trust hereby created with respect to the any series of Debt Securities of one or more series by giving written notice thereof by first class mail of such resignation to the Company and by giving notice thereof to the holders Holders of such series of Debt Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Debt Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee with respect to such series shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the Holders, the resigning trustee may Trustee may, at the expense of the Company, petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder Holder of such series of Debt Securities of such series who has been a bona fide holder Holder of a Debt Security or Debt Securities of such series for at least six months may may, subject to the provisions of Section 7.09, on behalf of himself such Holder and all others similarly situated, petition any such court for the appointment of a successor trusteetrustee with respect to such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a such successor trustee.

Appears in 1 contract

Samples: Indenture (Hennessy Advisors Inc)

Resignation or Removal of Trustee. (a) Subject The Trustee, or any trustee or trustees hereafter appointed, may, upon sixty days' written notice to the limitations contained in subsection (d) of this Section 11.6Company, the Trustee may at any time resign and be discharged from the trust hereby created with respect to the Debt Securities of one or more or all series by giving written notice thereof of resignation to the Company Company, and (i) if any Unregistered Securities of a series affected are then outstanding, by giving notice thereof of such resignation to the holders of Debt Holders thereof, by publication at least once in an Authorized Newspaper in London, (ii) if any Unregistered Securities of a series affected are then outstanding, by mailing notice of such series, in the manner and resignation to the extent provided Holders thereof who have filed their names and addresses with the Trustee as described in subsection Section 5.04 at such addresses as were so furnished to the Trustee and (ciii) by mailing notice of Section 11.10such resignation to the Holders of then outstanding Registered Securities of each series affected at their addresses as they shall appear on the Security Register. Upon receiving such notice of resignation, resignation the Company shall promptly appoint a point a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) applicable series by written instrument, in duplicate, executed by order of the Board of DirectorsDirectors of the Company, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee shall have been so appointed and have accepted appointment within 60 thirty days after the mailing of such notice of resignationresignation to the Securityholders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder of Debt Securities of such series Securityholder who has been a bona fide holder Holder of a Debt Security or Debt Securities of such the applicable series for at least six months may may, subject to the provisions of Section 6.08, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a successor trustee.

Appears in 1 contract

Samples: Aon Corp

Resignation or Removal of Trustee. (a) Subject to the limitations contained in subsection (d) of this Section 11.6, the The Trustee may at any time resign and be discharged from the trust hereby created with respect to the any series of Debt Securities of one or more series by giving written notice thereof by first class mail of such resignation to the Company and by giving notice thereof to the holders Holders of such series of Debt Securities of such series, in at their addresses as they shall appear on the manner and to the extent provided in subsection (c) of Section 11.10Debt Security Register. Upon receiving such notice of resignation, the Company shall promptly appoint a successor trustee or trustees (it being understood that any such successor trustee may be appointed with respect to the Debt Securities of one or more or all of such series with respect to which the resigning trustee has resigned and that at any time there shall be only one trustee with respect to the Debt Securities of any particular series) by written instrument, in duplicate, executed by order of the Board of Directors, one copy of which instrument shall be delivered to the resigning trustee Trustee and one copy to the successor trustee. If no successor trustee with respect to such series shall have been so appointed and have accepted appointment within 60 days after the mailing of such notice of resignationresignation to the Holders, the resigning trustee Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any holder Holder of such series of Debt Securities of such series who has been a bona fide holder Holder of a Debt Security or Debt Securities of such series for at least six months may may, subject to the provisions of Section 7.09, on behalf of himself and all others similarly situated, petition any such court for the appointment of a successor trusteetrustee with respect to such series. Such court may thereupon, after such notice, if any, as it may deem proper and prescribe, appoint a such successor trustee.

Appears in 1 contract

Samples: Indenture (Johnson Controls Inc)

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