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<br />Section 6.08. Removal of the Trustee.The Trustee may be removed at any time by an
<br />instrument or document or concurrent instruments or documents in writing delivered to the
<br />Trustee, with copies thereof mailed to the Issuer, the Bank, the Confirming Bank, if any, the
<br />Remarketing Agent and the Borrower, and signed by or on behalf of the Holders of at least a
<br />majority in aggregate principal amount of the Bonds then outstanding.
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<br />So long as no Event of Default has occurred and is continuing hereunder, the Remarketing
<br />Agent may be removed at any time by the Borrower, with the written consent of the Bank and the
<br />Confirming Bank, if any, or by the Issuer, with the written consent of the Borrower, the Bank, and
<br />the Confirming Bank, if any. To effect such removal, the Borrower or the Issuer, as the case may
<br />be, shall (i) give written notice of such removal to the Issuer or the Borrower, as the case may be,
<br />the Remarketing Agent, the Bank, the Confirming Bank, if any, and the Trustee, and (ii) mail
<br />written notice of the removal to the Holders at their addresses as they appear on the Register on
<br />the fifteenth day preceding such mailing.
<br />The Trustee also may be removed at any time for any breach of trust or for acting or
<br />proceeding in violation of, or for failing to act or proceed in accordance with, any provision of this
<br />Indenture with respect to the duties and obligations of the Trustee by any court of competent
<br />jurisdiction upon the application of the Issuer, the Bank, the Confirming Bank, if any, or the
<br />Holders of not less than twenty percent (20%) in aggregate principal amount of the Bonds then
<br />outstanding under this Indenture.
<br />Any removal of the Trustee shall take effect upon the appointment and acceptance of a
<br />successor Trustee.
<br />Section 6.09. Appointment of Successor Trustee.If (a) the Trustee shall resign, shall be
<br />removed, shall be dissolved or shall become otherwise incapable of acting hereunder, (b) the
<br />Trustee shall be taken under the control of any public officer or officers, or (c) a receiver shall be
<br />appointed for the Trustee by a court, then a successor Trustee shall be appointed by the Issuer,
<br />with the written consent of the Borrower; provided, that, if a successor Trustee is not so appointed
<br />within ten (10) days after (i) a notice of resignation or an instrument or document of removal is
<br />received by the Issuer, as provided in Section 6.07 and 6.08 hereof, respectively, or (ii) the Trustee
<br />is dissolved, taken under control, becomes otherwise incapable of acting or a receiver is appointed,
<br />in each case, as provided above, then, so long as the Issuer shall not have appointed a successor
<br />Trustee, the Holders of at least a majority in aggregate principal amount of Bonds then outstanding
<br />may designate a successor Trustee by an instrument or document or concurrent instrument or
<br />documents in writing signed by or on behalf of those Holders. If no appointment of a successor
<br />Trustee shall be made pursuant to the foregoing provisions of this Section, the Holder of any Bond
<br />outstanding hereunder, the Bank, the Confirming Bank, if any, or any retiring Trustee may apply
<br />to any court of competent jurisdiction to appoint a successor Trustee. Such court may thereupon,
<br />after such notice, if any, as such court may deem proper and prescribe, appoint a successor Trustee.
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<br />Every successor Trustee appointed pursuant to this Section shall be a trust company or a
<br />bank having the powers of a trust company and shall have a reported capital and surplus of not less
<br />than $50,000,000 and shall be willing to accept the trusteeship under the terms and conditions of
<br />this Indenture. In addition, unless an Event of Default hereunder or under the Agreement shall
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