Common use of Acceptance by Successor Trustee Clause in Contracts

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereof, execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof.

Appears in 9 contracts

Samples: Indenture (Central Illinois Public Service Co), Indenture (Met Ed Capital Trust), Indenture (Jersey Central Power & Light Co)

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Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereof, execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof.

Appears in 9 contracts

Samples: Indenture (Kansas City Power & Light Co), Indenture (KCPL Financing Ii), Indenture (Great Plains Energy Inc)

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 8.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 8.6 hereof, execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 8.6 hereof.

Appears in 6 contracts

Samples: Xcel Energy Inc, Indenture (Northern States Power Co /Mn/), Indenture (Northern States Power Co /Wi/)

Acceptance by Successor Trustee. (a) Any successor Trustee with respect to all series of Securities appointed as provided in Section 9.11 hereof 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee with respect to all series 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 and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee herein; but neverthelessbut, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.6, execute and deliver an instrument transferring to such successor Trustee all the rights and powers with respect to such series of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon the request of any such successor Trustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee or any successor Trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof7.6.

Appears in 4 contracts

Samples: Dominion CNG Capital Trust Ii, Energy East Capital Trust Ii, Markel Corp

Acceptance by Successor Trustee. (a) Any successor Trustee with respect to all series of Securities appointed as provided in Section 9.11 hereof 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee with respect to all series shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06, execute and deliver an instrument transferring to such successor Trustee all the rights and powers with respect to such series of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon the request of any such successor Trustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee or any successor Trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06.

Appears in 3 contracts

Samples: Indenture (Bear Stearns Companies Inc), Indenture (Bear Stearns Capital Trust V), Bear Stearns Capital Trust I

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 8.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 8.06 hereof, execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 8.06 hereof.

Appears in 2 contracts

Samples: Indenture (Pennsylvania Electric Co), Oge Energy Corp

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.6, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or and funds held or collected by such Trustee as such, except for funds held in trust for the benefit of holders of particular Debentures, to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof7.6. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.8 and be eligible under the provisions of Section 7.9.

Appears in 2 contracts

Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 10.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereof, 10.6 hereof execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, titletitle and interest, and interest if any, in the Senior Note Pledged First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 10.6 hereof.

Appears in 2 contracts

Samples: Florida Public Utilities Co, Florida Public Utilities Co

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 7.09 (Resignation or Removal of Trustee) shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of Section 9.06 hereof7.06 (Compensation and Expenses of Trustee), execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a senior lien upon to which the Notes are hereby made subordinate on all money or property or funds held or collected by such Trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due to it pursuant to the provisions of Section 9.06 hereof.7.06 (

Appears in 2 contracts

Samples: Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB)

Acceptance by Successor Trustee. (a) Any Every successor Trustee appointed as provided in Section 9.11 hereof hereunder shall execute, acknowledge and deliver to the Company and to its predecessor the retiring Trustee an instrument accepting such appointment hereunderappointment, and thereupon the resignation or removal of the predecessor 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 and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereinthe retiring Trustee; but neverthelessbut, on the written request of the Company or of the respective successor Trustee, the respective retiring Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereofits charges, execute and deliver an instrument transferring to such respective successor Trustee all the rights rights, powers and powers trusts of the Trustee so ceasing to act, including all right, titleretiring respective Trustee, and interest shall duly assign, transfer and deliver to such respective successor Trustee all property and money held by such respective retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in the Senior Note First Mortgage BondsSection 8.7. Upon request of any such respective successor Trustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee all such rights rights, powers and powerstrusts. Any No successor Trustee ceasing shall accept its appointment unless at the time of such acceptance such successor Trustee shall be qualified and eligible under this Article 8 to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereofthe extent operative.

Appears in 2 contracts

Samples: First Merchants Acceptance Corp, First Merchants Acceptance Corp

Acceptance by Successor Trustee. (a) Any successor Trustee with ------------------------------- respect to all series of Securities appointed as provided in Section 9.11 hereof SECTION 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee with respect to all or any applicable series 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 and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee herein; but neverthelessbut, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereofthe provisions of SECTION 7.06, execute and deliver an instrument transferring to such successor Trustee all the rights and powers with respect to such series of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon the request of any such successor Trustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee or any successor Trustee to secure any amounts then due it pursuant to Section 9.06 hereofthe provisions of SECTION 7.06.

Appears in 2 contracts

Samples: Indenture (DPL Inc), Indenture (DPL Inc)

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereof, hereof execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, titletitle and interest, and interest if any, in the Senior Note Pledged First Mortgage Bonds or Pledged Substituted Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof.

Appears in 2 contracts

Samples: Indenture (Puget Sound Energy Inc), Puget Sound Energy Inc

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee with respect to all or any applicable series shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06.

Appears in 2 contracts

Samples: Indenture (Bank of America Corp /De/), Bank of America Corp /De/

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereof, 9.6 hereof execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, titletitle and interest, and interest if any, in the Senior Note Pledged First Mortgage Bonds or Pledged Substituted Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 9.6 hereof.

Appears in 1 contract

Samples: South Jersey Gas Co/New

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts amount then due it and its agents and counsel pursuant to the provisions of Section 9.06 hereof8.6, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or and funds held or collected by such Trustee trustee as such, except for funds held in trust for the benefit of holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof8.6.

Appears in 1 contract

Samples: Indenture (Amazon Com Inc)

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof8.6, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee trustee as such trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof8.6.

Appears in 1 contract

Samples: Indenture (Cke Restaurants Inc)

Acceptance by Successor Trustee. (a) Any successor Trustee with respect to all series of Securities appointed as provided in Section 9.11 hereof 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee with respect to all or any applicable series shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06, execute and deliver an instrument transferring to such successor Trustee all the rights and powers with respect to such series of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon the request of any such successor Trustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee or any successor Trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof.7.06. In case of the appointment hereunder of a successor Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor Trustee with respect to

Appears in 1 contract

Samples: Wells Fargo Capital Iii

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 9.06 hereof9.07, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or and funds held or collected by such Trustee trustee as such, except for funds held in trust for the benefit of Holders of particular Securities, to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof9.07.

Appears in 1 contract

Samples: Indenture (Patriot Coal CORP)

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee retiring trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof6.06, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to actact and shall duly assign, including transfer and deliver to such successor trustee all right, title, property and interest in the Senior Note First Mortgage Bondsmoney held by such retiring trustee thereunder. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof.or

Appears in 1 contract

Samples: Amcore Capital Trust I

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Acceptance by Successor Trustee. (a) Any successor Trustee with respect to all series of Securities appointed as provided in Section 9.11 hereof 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee with respect to all or any applicable series 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 and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee herein; but neverthelessbut, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06, execute and deliver an instrument transferring to such successor Trustee all the rights and powers with respect to such series of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon the request of any such successor Trustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee or any successor Trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06.

Appears in 1 contract

Samples: Aon Corp

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 8.09 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof8.06, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof8.06.

Appears in 1 contract

Samples: Conformed Copy (Chiron Corp)

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 6.16 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but 32 nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 hereof77 of the Original Indenture, execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof77 of the Original Indenture.

Appears in 1 contract

Samples: Providence Gas Co

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee retiring trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof6.06, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to actact and shall duly assign, including transfer and deliver to such successor trustee all right, title, property and interest in the Senior Note First Mortgage Bondsmoney held by such retiring trustee thereunder. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof6.06.

Appears in 1 contract

Samples: Trenwick Group Inc

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 7.09 (Resignation or Removal of Trustee) shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of Section 9.06 hereof7.06 (Compensation and Expenses of Trustee), execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon senior claim to which the Notes are hereby made subordinate on all money or property or funds held or collected by such Trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due to it pursuant to the provisions of Section 9.06 hereof.7.06 (

Appears in 1 contract

Samples: GDS Holdings LTD

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee retiring trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof6.6, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to actact and shall duly assign, including transfer and deliver to such successor trustee all right, title, property and interest in the Senior Note First Mortgage Bondsmoney held by such retiring trustee thereunder. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof.a

Appears in 1 contract

Samples: Indenture (Continucare Corp)

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 9.06 hereof7.06, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien upon senior claim to which the Notes are hereby made subordinate on all money or property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereof.trustee as such, except for

Appears in 1 contract

Samples: Ionis Pharmaceuticals Inc

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 9.06 hereof9.07, execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to act shall, nevertheless, retain a lien Lien upon all property or and funds held or collected by such Trustee trustee as such, except for funds held in trust for the benefit of Holders of particular Securities, to secure any amounts then due it pursuant to the provisions of Section 9.06 hereof9.07.

Appears in 1 contract

Samples: Indenture (Power One Inc)

Acceptance by Successor Trustee. (a) Any successor Trustee trustee appointed as provided in Section 9.11 hereof 7.09 (Resignation or Removal of Trustee) shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee shall become effective and such successor Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of Section 9.06 hereof7.06 (Compensation and Expenses of Trustee), execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trusteetrustee, the Company shall execute any and all instruments in writing in order for more fully and certainly to vest vesting in and confirm confirming to such successor Trustee trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon senior claim to which the Notes are hereby made subordinate on all money or property or funds held or collected by such Trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due to it pursuant to the provisions of Section 9.06 hereof7.06 (Compensation and Expenses of Trustee).

Appears in 1 contract

Samples: Indenture (GDS Holdings LTD)

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to Section 9.06 9.6 hereof, execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any such successor Trustee, the Company shall execute any and all instruments in writing in order more fully and certainly to vest in and confirm to such successor Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 9.6 hereof.

Appears in 1 contract

Samples: Indenture (Northern States Power Co /Mn/)

Acceptance by Successor Trustee. (a) Any In case of the appointment hereunder of a successor Trustee with respect to all Debt Securities, every duly qualified successor Trustee so appointed as under any of the methods herein provided in Section 9.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee and to the Company an instrument in writing accepting such appointment hereunder, hereunder and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, trusts, duties and obligations of its predecessor hereunder, in the trust hereunder with like effect as if originally named as Trustee herein; but . The predecessor Trustee shall, nevertheless, on at the written request of the Company or of the successor Trustee, pay over to the successor Trustee ceasing to act shall, all moneys at the time held by it herein; and the Company and the predecessor Trustee upon payment or provision therefor of any amounts then due it the predecessor Trustee pursuant to the provisions of Section 9.06 hereof11.2, shall execute and deliver an instrument transferring to such successor Trustee all the rights instruments and powers of the Trustee so ceasing to act, including all right, title, and interest in the Senior Note First Mortgage Bonds. Upon request of any do such successor Trustee, the Company shall execute any and all instruments in writing in order other things as may reasonably be required for more fully and certainly to vest vesting and confirming in and confirm to such the successor Trustee all such rights rights, powers, trusts, duties and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 9.06 hereofobligations.

Appears in 1 contract

Samples: Park Ohio Holdings Corp

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