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Section 6.04. Intervention by Trustee. The Trustee may intervene on behalf of the
<br /> Holders, and shall intervene if requested to do so in writing by the Holders of at least 25% of the
<br /> aggregate principal amount of Bonds then outstanding, in any judicial proceeding to which the
<br /> Issuer or the Borrower is a party and which in the opinion of the Trustee and its counsel has a
<br /> substantial bearing on the interests of Holders of the Bonds. The rights and obligations of the
<br /> Trustee under this Section are subject to the approval of that intervention by a court of competent
<br /> jurisdiction. The Trustee may require that a satisfactory indemnity bond be provided to it in
<br /> accordance with Sections 6.01 and 6.02 hereof before it takes action hereunder.
<br /> Section 6.05. Successor Trustee. Anything herein to the contrary notwithstanding,
<br /> (a) any corporation or association (i) into which the Trustee may be converted or
<br /> merged, (ii)with which the Trustee or any successor to it may be consolidated, or(iii)to which it
<br /> may sell or transfer its corporate trust assets and corporate trust business as a whole or
<br /> substantially as a whole, or any corporation or association resulting from any such conversion,
<br /> merger, consolidation, sale or transfer, ipso facto, shall be and become successor Trustee
<br /> hereunder and shall be vested with all of the title to the whole property or Trust Estate hereunder;
<br /> and
<br /> (b) that corporation or association shall be vested further, as was its predecessor, with
<br /> each and every trust, property, remedy, power, right, duty, obligation, discretion, privilege, claim,
<br /> demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this
<br /> Indenture to be exercised by, vested in or conveyed to the Trustee, without the execution or filing
<br /> of any instrument or document or any further act on the part of any of the parties hereto.
<br /> Any successor Trustee, however, (i) shall be a trust company or a bank having the powers of a
<br /> trust company, (ii) shall be in good standing within the State, (iii) shall be duly authorized to
<br /> exercise trust powers within the State, and (iv) shall have a reported capital, surplus and retained
<br /> earnings of not less than $100,000,000.
<br /> Section 6.06. Appointment of Co-Trustee. It is the purpose of this Indenture that there
<br /> shall be no violation of any law of any jurisdiction (including without limitation, the laws of the
<br /> State) denying or restricting the right of banks or trust companies to transact business as trustees
<br /> in that jurisdiction. It is recognized that, (a) if there is litigation under this Indenture or other
<br /> instruments or documents relating to the Bonds and the Project, and in particular, in case of the
<br /> enforcement hereof or thereof upon a default or an Event of Default, or (b) if the Trustee should
<br /> deem that, by reason of any present or future law of any jurisdiction, it may not (i) exercise any
<br /> of the powers, rights or remedies granted herein to the Trustee, (ii) hold title to the properties, in
<br /> trust, as granted herein, or (iii) take any action which may be desirable or necessary in
<br /> connection therewith, it may be necessary that the Trustee appoint an individual or additional
<br /> institution as a co-Trustee. The following provisions of this Section are adopted to these ends.
<br /> In the event that the Trustee appoints an individual or additional institution as a
<br /> co-Trustee, each and every trust, property, remedy, power, right, duty, obligation, discretion,
<br /> privilege, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or
<br /> intended by this Indenture to be exercised by, vested in or conveyed to the Trustee shall be
<br /> exercisable by, vest in and be conveyed to that co-Trustee, but only to the extent necessary for it
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