Certain Duties and Responsibilities of the Trustee. (a) Except during the continuance of an Event of Default, the Trustee's duties and responsibilities under this Indenture shall be governed by Section 315(a) of the Trust Indenture Act. (b) In case an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture, and shall use the same degree care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Sources: Indenture (Cihc Inc), Second Senior Indenture (Cihc Inc), Senior Indenture (Conseco Inc Et Al)
Certain Duties and Responsibilities of the Trustee. (a) Except during the continuance of an Event of Default, the Trustee's duties and responsibilities under this Indenture shall be governed by Section 315(a) of the Trust Indenture ActAct and no implied duties shall be inferred against the Trustee.
(b) In case an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture, and shall use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 3 contracts
Sources: Indenture (Fidelity National Financial Inc /De/), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.)
Certain Duties and Responsibilities of the Trustee. (a) Except during the continuance of an Event of Default, the Trustee's duties and responsibilities under this Indenture shall be governed by Section 315(a) of the Trust Indenture Act.
(b) In case an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture, Indenture and shall use the same degree of care and skill in their exercise, exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 2 contracts
Sources: Subordinated Indenture (Conseco Inc Et Al), Subordinated Indenture (Conseco Financing Trust X)
Certain Duties and Responsibilities of the Trustee. (a) Except during the continuance of an Event of Default, the Trustee's ’s duties and responsibilities under this Indenture shall be governed by Section 315(a) of the Trust Indenture ActAct and no implied duties shall be inferred against the Trustee.
(b) In case an Event of Default has occurred and is continuing, the Trustee shall exercise the rights and powers vested in it by this Indenture, and shall use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.
Appears in 1 contract