HD » Topics » SECTION 9 RESIGNATION AND REMOVAL OF TRUSTEE

This excerpt taken from the HD 10-K filed Mar 29, 2007.

SECTION 9
RESIGNATION AND REMOVAL OF TRUSTEE

        (a)   RESIGNATION. Trustee may resign at any time by written notice to the Company, which shall be effective 90 days after receipt of such notice unless the Company and Trustee agree otherwise.

        (b)   TRANSFER OF ASSETS. Upon resignation of Trustee and appointment of a successor Trustee, all assets shall subsequently be transferred to the successor Trustee. The transfer shall be completed within 120 days after receipt of notice of resignation, unless the Company extends the time limit. The Company's consent to extension of the time limit shall not be unreasonably withheld.

        (c)   SUCCESSOR. If Trustee resigns, a successor shall be appointed, in accordance with Section 10 hereof, by the effective date of resignation under paragraph (a) of this Section 9. If no such appointment has been made, Trustee may apply to a court of competent jurisdiction for appointment of a successor or for instructions. All expenses of Trustee in connection with the proceeding shall be allowed as administrative expenses of the Trust.

"SECTION 9 RESIGNATION AND REMOVAL OF TRUSTEE" elsewhere:

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