Common use of Acceptance of Appointment by Successor Clause in Contracts

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 578 contracts

Samples: Indenture (PVH Corp. /De/), Indenture (Iveda Solutions, Inc.), Exela Technologies (Exela Technologies, Inc.)

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Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 463 contracts

Samples: Indenture (Aviat Networks, Inc.), Indenture (Qilian International Holding Group LTD), Indenture (Aquestive Therapeutics, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such each successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 239 contracts

Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (American Realty Capital Properties, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 213 contracts

Samples: Indenture (Global Signal Inc), Indenture (Psi Energy Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its chargesany amounts due to it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 184 contracts

Samples: Indenture (Similarweb Ltd.), Indenture (Janux Therapeutics, Inc.), Indenture (Keros Therapeutics, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such each successor Trustee so appointed shall execute, acknowledge execute and deliver to the Company Depositor and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and each such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Trust or the any successor Trustee, Trustee such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property Trust Property, all proceeds thereof and money held by such retiring Trustee hereunderhereunder with respect to the Trust Securities and the Trust.

Appears in 177 contracts

Samples: Trust Agreement (Paragon Commercial CORP), Trust Agreement (Entegra Financial Corp.), Trust Agreement (Wilshire Bancorp Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securitiesthe Debentures, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 93 contracts

Samples: Indenture (Capitol Trust Xv), Great Southern (Great Southern Capital Trust IV), Indenture (Tompkins Financial Corp)

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 77 contracts

Samples: Cybin (Cybin Inc.), Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Thereupon, and thereupon the resignation or removal of the retiring Trustee shall become effective effective, and such the successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 62 contracts

Samples: Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc), Americas Carmart Inc

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 35 contracts

Samples: And (SiriusPoint LTD), Indenture (TScan Therapeutics, Inc.), Indenture (TScan Therapeutics, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Corporation and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Corporation or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 32 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Fairfax Financial Holdings LTD/ Can), Ovintiv Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 26 contracts

Samples: Indenture (Biodel Inc), Indenture (Biodel Inc), Indenture (Novamed Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 26 contracts

Samples: Indenture (Renewable Energy Group, Inc.), Supplemental Indenture (Eastman Kodak Co), Supplemental Indenture (Eastman Kodak Co)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . On the request of the Company or the successor Trusteetrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money funds held by such retiring Trustee hereunder.

Appears in 24 contracts

Samples: Applied Materials Inc /De, IPERIONX LTD, Indenture (NetApp, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; Trustee but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 23 contracts

Samples: Reconciliation And (Masco Corp /De/), Masco Corp /De/, Avon Products Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuers and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuers or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 22 contracts

Samples: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.), Indenture (Exterran Energy Solutions, L.P.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all SecuritiesBonds, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 21 contracts

Samples: Indenture (Knightscope, Inc.), Indenture (Phoenix Capital Group Holdings I LLC), Indenture (Phoenix Capital Group Holdings I LLC)

Acceptance of Appointment by Successor. (a) In the case of the an appointment hereunder of a successor Trustee with respect to all Debt Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 20 contracts

Samples: Indenture (Century Casinos Inc /Co/), Indenture (Sovereign Capital Trust V), Indenture (Popular Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Corporation and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Corporation or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 20 contracts

Samples: Senior Indenture (Eix Trust Iii), Indenture (Beckman Coulter Inc), Indenture (Mercury General Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 20 contracts

Samples: Indenture (Wright Medical Group N.V.), Indenture (GT Advanced Technologies Inc.), Hanover Insurance Group, Inc.

Acceptance of Appointment by Successor. (a) In the case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 19 contracts

Samples: Principal Financial (Principal Financial Services Inc), Principal Financial (Principal Financial Group Inc), Gogo Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesDebentures, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 18 contracts

Samples: Indenture (Radio One Licenses LLC), Indenture (Cox Trust Ii), Indenture (Metlife Capital Trust I)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargescharges pursuant to Section 6.7, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 18 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . On the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 17 contracts

Samples: Indenture (Tiptree Inc.), Indenture (LPL Financial Holdings Inc.), Supplemental Indenture (LPL Holdings, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuer or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 17 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership), Share Repurchase Agreement (American International Group Inc)

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Partnership and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Partnership or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 17 contracts

Samples: Buckeye Partners, L.P., Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such each successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; butprovided, that on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 15 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (Comstock Homebuilding Companies, Inc.), Subordinated Indenture (Great Wolf Resorts, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . On the written request of the Company or the successor Trusteetrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money funds held by such retiring Trustee hereunder.

Appears in 14 contracts

Samples: Indenture (ADT, Inc.), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 12 contracts

Samples: Indenture (Nextel Communications Inc), Indenture (Raytheon Co/), Indenture (Raytheon Co/)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 12 contracts

Samples: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Indenture (Osisko Gold Royalties LTD)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Thereupon, and thereupon the resignation or removal of the retiring Trustee shall become effective effective, and such the successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 11 contracts

Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp), Indenture (Navistar International Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securitiestrustee, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 11 contracts

Samples: Subordinated Indenture (Flagstar Trust), Union Bankshares Capital Trust I, Community First Bankshares Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesNotes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . On the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 10 contracts

Samples: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Thereupon, and thereupon the resignation or removal of the retiring Trustee shall become effective effective, and such the successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 9 contracts

Samples: Indenture (Pam Transportation Services Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Covenant Transportation Group Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, trusts and trusts duties of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 9 contracts

Samples: Indenture (Colony Financial, Inc.), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Debt Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 9 contracts

Samples: Indenture (Stanley Works), Indenture (Peco Energy Co), Indenture (Exelon Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesDebentures, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, but on the written request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 9 contracts

Samples: Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Wabash National Corp /De), Indenture (Federal Mogul Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every successor Trustee with respect to all Securities, every such successor Trustee so appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; provided, however, that the retiring Trustee shall continue to be entitled to the benefit of Section 606; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 9 contracts

Samples: Indenture (Sci Systems Inc), Indenture (Oneok Inc /New/), Atmos Energy Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Subsidiary Guarantors and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 9 contracts

Samples: Senior Indenture (Gasco Energy Inc), Shaw Manufacturing & Services Inc, Goodrich Petroleum CO LLC

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; buthowever, on upon the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 8 contracts

Samples: Indenture (Brickell Biotech, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Protalix BioTherapeutics, Inc.

Acceptance of Appointment by Successor. (a) In the case of the appointment hereunder of a successor Trustee trustee with respect to all Securitiesthe Debentures, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 8 contracts

Samples: Indenture (San Rafael Bancorp), Indenture (Alabama National Bancorporation), Indenture (Investorsbancorp Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 8 contracts

Samples: Modine Manufacturing Co, Modine Manufacturing Co, Cellular Dynamics International, Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargescharges pursuant to Section 6.06, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 8 contracts

Samples: Indenture (Ford Motor Co), Ford Motor Co, Ford Motor Co

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuer or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Tortoise Energy Capital Corp, Energy Income & Growth Fund, Energy Income & Growth Fund

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargescharges (including fees and expenses of its agents and counsel), execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Liquid Media Group Ltd., Liquid Media Group Ltd., Meta Financial Group Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to each of the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Indenture (Fibria Overseas Finance Ltd.), Indenture (Fibria Celulose S.A.), Fibria Celulose S.A.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesJunior Subordinated Notes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Agl Capital Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; , but, on the written request of the Company or the successor Successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor successor, Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Capital Senior Living Corp), Dayton Superior Capital Trust

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every such successor Trustee appointed hereunder with respect to all Securities, every such successor Trustee so appointed the Securities of any series shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Altria Group (Philip Morris USA Inc.), Lorillard, Inc., Lorillard, Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on provided however that upon the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Amerant Bancorp Inc., Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every such successor Trustee appointed hereunder with respect to all Securities, every such successor Trustee so appointed the Securities of any series shall execute, acknowledge and deliver to the Company Issuer, the Guarantors and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuer, any Guarantor or the successor Trustee, such retiring Trustee shall, upon receipt of payment of its charges, execute execute, and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 7 contracts

Samples: Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co), Indenture (Ingersoll Rand Co)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesNotes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Indenture (Surety Capital Corp /De/), Bank United Corp, Bank United Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargesall sums owed to it, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Nextera Energy Inc, Nextera Energy Partners, Lp, Nextera Energy Partners, Lp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuers and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuers or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Supplemental Indenture (Equistar Chemicals Lp), Supplemental Indenture (Lyondell Chemical Co), Supplemental Indenture (Equistar Chemicals Lp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Partnership and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Partnership or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Indenture (NuStar Energy L.P.), Indenture (NuStar Pipeline Operating Partnership L.P.), Tc Pipelines Lp

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargescharges and all amounts due to it under Section 6.07, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (Investar Holding Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesNotes, every such successor Trustee so appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Indenture (Selective Insurance Group Inc), Indenture (Fiserv Inc), Indenture (Selective Insurance Group Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesNotes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Thereupon, and thereupon the resignation or removal of the retiring Trustee shall become effective effective, and such the successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Ual Corp /De/

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargesall amounts due to it under Section 6.7, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: First American Financial Corp, First American Financial Corp, First American Financial Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all the Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Rambus Inc, Indenture (Rambus Inc), Indenture (Rambus Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Guarantors and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)

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Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, Securities every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, but on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 6 contracts

Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii, United States Surgical Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon on payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Innovative Valve Technologies Inc), Magnum Hunter Resources Inc, American Residential Services Inc

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesSuccessor Trustee, every such successor Successor Trustee so appointed shall execute, acknowledge and deliver to the Company Trust and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; butprovided, that on the request of the Company Sponsor or the successor Successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Successor Trustee all the rights, rights and powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunderTrustee.

Appears in 5 contracts

Samples: Trust Agreement (Compass Group Diversified Holdings LLC), Trust Agreement (Compass Group Diversified Holdings LLC), Fourth Amendment (Compass Diversified Holdings)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securitiesthe Notes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Southern Star Central Corp), Mego Mortgage Corp, Altiva Financial Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Midamerican Energy Holdings Co /New/), Indenture (Mid American Energy Holdings Co /New/), Cilcorp Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument in writing accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument in writing transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Operating Partnership and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Operating Partnership or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp), Vornado Realty Lp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every such successor Trustee appointed hereunder with respect to all Securities, every such successor Trustee so appointed the Securities of any series shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuer or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (CubeSmart, L.P.), Indenture (Acadia Realty Trust), Brandywine Operating Partnership Lp /Pa

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its fees, costs, expenses and other charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Lion Biotechnologies, Inc.), Valeritas Holdings Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesSecurities of any series, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Thereupon, and thereupon the resignation or removal of the retiring Trustee shall become effective effective, and such the successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 5 contracts

Samples: Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Trust Indenture (Thomas & Betts Corp), Trust Indenture (Federal Express Corp), Fedex Corp

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties hereunder of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money Money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 607.

Appears in 4 contracts

Samples: Nationwide Health Properties Inc, Nationwide Health Properties Inc, Nationwide Health Properties Inc

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuer or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee Trustee, all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Thereupon, and thereupon the resignation or removal of the retiring Trustee shall become effective effective, and such the successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargesall amounts due it under Section 6.7, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Mapco Inc, Mapco Inc, Mapco Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its reasonable charges, if any, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its chargescharges and any other amounts then due to such Trustee under Section 6.07, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Indenture (Meritor, Inc. (Nev)), Meritor Electric Vehicles, LLC, Maremont Exhaust Products, Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all SecuritiesNotes, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Indenture (International Flavors & Fragrances Inc), Indenture (Nutrition & Biosciences, Inc.), Indenture (Metlife Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every such successor Trustee appointed hereunder with respect to all Securities, every such successor Trustee so appointed the Debt Securities of any series shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject to the lien provided for in Section 6.7.

Appears in 4 contracts

Samples: Provident Capital Trust Iv, American Financial Group Inc, American Financial Group Inc

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee with respect to all any series of Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Indenture (Hasbro Inc), General Mortgage Indenture (Centerpoint Energy Houston Electric LLC), Centerpoint Energy Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesNotes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; , but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Indenture (PNM Resources Inc), Indenture (PNM Resources Inc), Indenture (Public Service Co of New Mexico)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Successor Trustee with respect to all Securities, every such successor Successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, powers trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Execution Copy (Bancorp Hawaii Capital Trust I), Usb Holding Co Inc, North Fork Capital Trust I

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or and/or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Subordinated Indenture (Union Bankshares Corp), BNC Bancorp, Eagle Bancorp Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee, each successor Trustee with respect to all Securities, every such successor Trustee so appointed the Trust Securities shall execute, acknowledge execute and deliver to the Company Depositor and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and each such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Trust or the any successor Trustee, Trustee such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property Trust Property, all proceeds thereof and money held by such retiring Trustee hereunderhereunder with respect to the Trust Securities and the Trust.

Appears in 4 contracts

Samples: Trust Agreement (Bnccorp Inc), Trust Agreement (MRM Capital Trust Iii), Trust Agreement (Pd Capital Trust Ii)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Sirius Satellite Radio Inc, Indenture (Dynex Capital Inc), Indenture (Sirius Satellite Radio Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesDebentures, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, but on the request written re- quest of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Sun Healthcare Group Inc, Sun Healthcare Group Inc, Sun Healthcare Group Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, but on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Indenture (Ibp Inc), United States Surgical Corp, United States Surgical Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . Upon the written request of the Company or the successor Trusteetrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money funds held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: STERIS PLC, STERIS LTD, STERIS LTD

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Indenture (International Specialty Products Inc /New/), Indenture (Estee Lauder Companies Inc), Hughes Electronics Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuers, any Guarantor and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuers or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Indenture (USA Compression Partners, LP), Indenture (USA Compression Partners, LP), Indenture (USA Compression Partners, LP)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesSuccessor Trustee, every such successor Successor Trustee so appointed shall execute, acknowledge and deliver to the Company Trust and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts powers and duties of the retiring Trustee; but, on the request of the Company Sponsor or the successor Successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Successor Trustee all the rights, rights and powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunderTrustee.

Appears in 3 contracts

Samples: Trust Agreement (Macquarie Infrastructure CO LLC), Trust Agreement (Macquarie Infrastructure CO Trust), Trust Agreement (Macquarie Infrastructure CO Trust)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Guarantors and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc, Key Energy Services Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money held by such retiring Trustee hereunder, subject to the prior lien provided for in Section 7.06(b).

Appears in 3 contracts

Samples: Senior Note Indenture (Anthem Inc), Indenture (Anthem Inc), Anthem Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to all Securitiesthe Securities of a series, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . On the request of the Company or the successor Trusteetrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee trustee all property and money funds held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Mallinckrodt PLC, Mallinckrodt PLC, Covidien PLC

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, any Guarantor and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Supplemental Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, appointment and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc), Abc Rail Products Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such the successor Trustee so appointed shall execute, acknowledge and deliver to each of the Trust, the retiring Trustee, the Company, the Holding Company and to the retiring Trustee Custodian an instrument accepting such appointmentappointment and agreeing to serve as successor Trustee in accordance with the terms and conditions of this Agreement, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on . On the request of the Holding Company or the successor Trustee, such the retiring Trustee shall, upon payment of its charges, execute and deliver an instrument any and all instruments transferring to such successor Trustee all the rights, powers powers, trusts and trusts duties of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such the retiring Trustee hereunderunder this Agreement.

Appears in 3 contracts

Samples: Metlife Policyholder Trust Agreement, Metlife Policyholder Trust Agreement (Metlife Inc), Metlife Policyholder Trust Agreement (Metlife Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all SecuritiesTrustee, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company Issuer or the successor Trustee, such retiring Trustee shall, upon payment of its chargesall amounts due to it under Section 605, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 3 contracts

Samples: Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Office Properties Canada)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every such successor Trustee appointed hereunder with respect to all Securities, every such successor Trustee so appointed the Debt Securities of any series shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject to the lien provided for in Section 607.

Appears in 3 contracts

Samples: Chiquita Brands International Inc, Chiquita Brands International Inc, Chiquita Brands International Inc

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