Laserfiche WebLink
(b) So long as no Event of Default has occurred and is continuing, the Authority may <br />remove the Trustee at any time and shall remove the Trustee if at any time requested to do so by <br />the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding <br />(or their attorneys duly authorized in writing) or, regardless of the occurrence and continuance of <br />an Event of Default, if at any time the Trustee shall be in breach of the trusts set forth in this <br />Indenture, or shall cease to be eligible in accordance with subsection (e) of this Section, or shall <br />become incapable of acting, or shall commence a case under any bankruptcy, insolvency or similar <br />law, or a receiver of the Trustee or of its property shall be appointed, or any public officer shall <br />take control or charge of the Trustee or its property or affairs for the purpose of rehabilitation, <br />conservation or liquidation, in each case by giving written notice of such removal to the Trustee, <br />and thereupon shall appoint a successor Trustee by an instrument in writing. <br />(c) The Trustee may resign by giving written notice of such resignation to the Authority <br />and by giving notice of such resignation by mail, first class postage prepaid, to the Owners at the <br />addresses listed in the bond register. Upon receiving such notice of resignation, the Authority shall <br />promptly appoint a successor Trustee by an instrument in writing. <br />(d) Any removal or resignation of the Trustee and appointment of a successor Trustee <br />shall become effective upon acceptance of appointment by the successor Trustee; provided that no <br />removal or resignation of the Trustee shall take effect until a successor shall be appointed. If no <br />successor Trustee shall have been appointed and shall have accepted appointment within 45 days <br />of giving notice of removal or notice of resignation as aforesaid, the resigning Trustee, at the <br />expense of the Authority, or any Owner (on behalf of himself and all other Owners) may petition <br />any court of competent jurisdiction for the appointment of a successor Trustee, and such court may <br />thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any <br />successor Trustee appointed under this Indenture shall signify its acceptance of such appointment <br />by executing and delivering to the Authority and to its predecessor Trustee a written acceptance <br />thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall <br />become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations <br />of such predecessor Trustee, with like effect as if originally named Trustee herein; but, <br />nevertheless, at the written request of the Authority or of the successor Trustee, such predecessor <br />Trustee shall execute and deliver any and all instruments of conveyance or further assurance and <br />do such other things as may reasonably be required for more fully and certainly vesting in and <br />confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in <br />and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver <br />to the successor Trustee any money or other property subject to the trusts and conditions herein <br />set forth. Upon request of the successor Trustee, the Authority shall execute and deliver any and <br />all instruments as may be reasonably required for more fully and certainly vesting in and <br />confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, <br />duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this <br />subsection, such successor Trustee shall mail a notice of the succession of such Trustee to the <br />trusts hereunder by first class mail, postage prepaid, to the Owners at their addresses listed in the <br />bond register. <br />(e) Any Trustee appointed under the provisions of this Indenture shall be a trust <br />company, national banking association or bank having trust powers, having a corporate trust office <br />in California, having (or whose parent holding company shall have) a combined capital and surplus <br />32 <br />55394.00068\42092121.3 <br />