Common use of Resignation or Removal of Trustee Clause in Contracts

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the Noteholders. Upon receiving such notice of resignation, the Servicer shall promptly appoint a successor Trustee acceptable to the Noteholders by written instrument, in duplicate, 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 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 4 contracts

Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (Creditrust Corp)

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Resignation or Removal of Trustee. (a) The Trustee may at any time may, upon the giving of written notice to the Transferor and the Master Servicer and the appointment of a successor trustee, resign and be discharged from the trusts created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the Noteholderstrust hereby created. Upon receiving such notice of resignation, the Master Servicer shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement, Pooling and Servicing Agreement (Discover Card Master Trust I)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Transferor and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer (with the consent of each Control Party, which consent shall not be unreasonably withheld) shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 3 contracts

Samples: Servicing Agreement (Compucom Systems Inc), Servicing Agreement (Safeguard Scientifics Inc Et Al), Pooling and Servicing Agreement (Compucom Systems Inc)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Company, the Servicer and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted such appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 2 contracts

Samples: Pooling Agreement (American Axle & Manufacturing Inc), Pooling Agreement (American Axle & Manufacturing Holdings Inc)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Transferor and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer shall promptly appoint a successor Trustee trustee acceptable to the Noteholders each Enhancement Provider and a Majority in Interest of each outstanding Series by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.trustee. Pooling and Servicing Agreement

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Muehlstein Holding Corp), Pooling and Servicing Agreement (Muehlstein Holding Corp)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' 60 calendar days prior written notice thereof to the Company, the Master Servicer and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted such appointment within 30 thirty (30) days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 2 contracts

Samples: Pooling Agreement (Huntsman Ici Chemicals LLC), Pooling Agreement (Huntsman Ici Holdings LLC)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts created by this Agreement Indenture by giving at least 30 60 days' prior written notice thereof to the Servicer Issuer and the Noteholders. Upon receiving such notice of resignation, the Servicer Issuer shall promptly appoint a successor Trustee acceptable to the Majority Noteholders by written instrument, in duplicate, 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 30 60 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 1 contract

Samples: Oakwood Homes Corp

Resignation or Removal of Trustee. (a) The Trustee may at --------------------------------- any time resign and be discharged from the trusts hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the NoteholdersOriginator. Upon receiving such notice of resignation, the Servicer Originator shall promptly appoint a successor Trustee acceptable to the Noteholders by written instrument, in duplicate, one copy of which instrument shall be delivered to each of the resigning Trustee Servicer and the Originator and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and shall have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts Trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer (or the Transferor, if a Successor Servicer is Servicer) shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Premium Finance Loan Owner Trust)

Resignation or Removal of Trustee. (a) The 1997-A Securitization Trustee may at any time resign and be discharged from the trusts created by this 1997-A Securitization Trust Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the NoteholdersTransferor. Upon receiving such notice of resignation, the Servicer Transferor shall promptly appoint a successor Trustee acceptable to the Noteholders by written instrument, in duplicate, 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 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 1 contract

Samples: Securitization Trust Agreement (Toyota Auto Lease Trust 1997-A)

Resignation or Removal of Trustee. (a) The Trustee may at any time may, upon the giving of written notice to the Transferor and the Master Xxxxxxxx and the appointment of a successor trustee, resign and be discharged from the trusts created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the Noteholderstrust hereby created. Upon receiving such notice of resignation, the Master Servicer shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts created by this Agreement its obligations hereunder by giving at least 30 days' prior written notice thereof to the Servicer Borrower, the Investor Agents, the Program Agent and the NoteholdersCollection Agent. Upon receiving such notice of resignation, the Servicer Collection Agent shall promptly appoint a successor Trustee trustee acceptable to the Noteholders Investor Agents and the Program Agent by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning 103 Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Receivables Financing Agreement (Rite Aid Corp)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' 60 calendar days prior written notice thereof to the Company, the Master Servicer and the Noteholderseach Funding Agent. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted such appointment within 30 thirty (30) days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling Agreement (Huntsman International LLC)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Company, the Servicer and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling Agreement (Rykoff Sexton Inc)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Transferor and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer Transferor shall (i) promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee and (ii) provide written notice to each Rating Agency of such resignation. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PLM International Inc)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Trust Depositor and the NoteholdersControlling Noteholder. Upon receiving such notice of resignation, the Servicer Trust Depositor shall promptly appoint a successor Trustee acceptable to the Noteholders Controlling Noteholder by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy shall be delivered to the successor Trustee. If no successor Trustee shall have been so appointed and have accepted appointment within 30 thirty (30) days after the giving of such notice of resignation, the resigning Trustee Trustee, at the expense of the Trust Depositor, may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 1 contract

Samples: Trust Agreement (Imperial Holdings, Inc.)

Resignation or Removal of Trustee. (a) The Trustee --------------------------------- may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Seller and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer Seller shall (i) promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee and (ii) provide written notice to each Rating Agency of such resignation. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mail Well Inc)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Company, the Servicer, each Agent and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee, and the expenses for such petition shall be paid pursuant to Section 8.5.

Appears in 1 contract

Samples: Pooling Agreement (Wesco Distribution Inc)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Company, the Master Servicer, the Rating Agencies and the NoteholdersAgents. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted such appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling Agreement (Ingram Micro Inc)

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Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Company, the Master Servicer and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted such appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.trustee. Amended and Restated Pooling Agreement 110

Appears in 1 contract

Samples: Pooling Agreement (Lifestyle Furnishings International LTD)

Resignation or Removal of Trustee. (a) --------------------------------- The Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Transferor and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer Transferor shall (i) promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee and (ii) provide written notice to each Rating Agency of such resignation. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement and Indenture of Trust (American Finance Group Inc /De/)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Transferor, the Servicer, CP Issuer and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy copies of which instrument shall be delivered to the resigning Trustee and one copy to Trustee, the successor Trusteetrustee, the Transferor and the Rating Agencies. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ingram Micro Inc)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from with respect to the trusts created by this Agreement Debt Securities of one or more series by giving at least 30 days' prior written notice thereof of such resignation to the Servicer and the NoteholdersCompany. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders 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 30 sixty days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for or the appointment of a successor Trustee.successor

Appears in 1 contract

Samples: Cooper Industries Inc

Resignation or Removal of Trustee. (a) The Trustee may at any --------------------------------- time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Seller and the NoteholdersServicer. Upon receiving such notice of resignation, the Servicer Seller shall (i) promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee and (ii) provide written notice to each Rating Agency of such resignation. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Spiegel Credit Corp Iii)

Resignation or Removal of Trustee. (a1) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Company, the Servicer, the Letter of Credit Agent, the Administrative Agent and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee shall have trustee has been so appointed and have has accepted such appointment within 30 thirty (30) days after the giving 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 Trusteetrustee.

Appears in 1 contract

Samples: Pooling Agreement (Bungeltd)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts created by this Agreement its obligations hereunder by giving at least 30 days' prior written notice thereof to the Servicer Seller, the Agent and the NoteholdersCollection Agent. Upon receiving such notice of resignation, the Servicer Collection Agent shall promptly appoint a successor Trustee trustee acceptable to the Noteholders Agent by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Receivables Purchase and Sale Agreement (Maxtor Corp)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Seller, each Master Servicer and the Noteholderseach Rating Agency then rating any outstanding Series or Class of Certificates. Upon receiving such notice of resignation, the Servicer Seller shall promptly appoint a successor Trustee trustee acceptable to the Noteholders Control Party for each Series by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wentworth J G & Co Inc)

Resignation or Removal of Trustee. (a) The Trustee may at any --------------------------------- time resign and be discharged from the trusts hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer and the NoteholdersOriginator. Upon receiving such notice of resignation, the Servicer Originator shall promptly appoint a successor Trustee acceptable to the Noteholders by written instrument, in duplicate, one copy of which instrument shall be delivered to each of the resigning Trustee Servicer and the Originator and one copy to the successor Trustee. If no successor Trustee shall have been so appointed and shall have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Resignation or Removal of Trustee. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Trust and the NoteholdersBeneficial Owner. Upon receiving such notice of resignation, the Servicer Beneficial Owner shall promptly appoint a successor Trustee acceptable to trustee (the Noteholders “Successor Trustee”) by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Successor Trustee. If no successor Successor Trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Successor Trustee.

Appears in 1 contract

Samples: Trust Agreement (AIP Alternative Lending Fund A)

Resignation or Removal of Trustee. (a) The Subject to paragraph (c) below, the Trustee may at any time resign and be discharged from the trusts trust hereby created by this Agreement by giving at least 30 days' prior written notice thereof to the Servicer Company, the Servicer, each Agent and the NoteholdersRating Agencies. Upon receiving such notice of resignation, the Servicer Company shall promptly appoint a successor Trustee acceptable to the Noteholders trustee by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Trustee and one copy to the successor Trusteetrustee. If no successor Trustee trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trusteetrustee.

Appears in 1 contract

Samples: Pooling Agreement (Core Mark International Inc)

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