Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the Issuer and the Company an instrument in writing accepting such appointment hereunder and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but its predecessor shall, nevertheless, on the written request of the Issuer, or of its successor, execute and deliver an instrument transferring to such successor all the estates, properties, rights, powers and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all securities and moneys held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer be required by any successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer.
Appears in 5 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor the Company and also to the Issuer and the Company retiring Trustee an instrument in writing accepting such appointment hereunder appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successorsuccessor Trustee, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, trusts and duties and obligations of its predecessorthe retiring Trustee; but its predecessor shall, neverthelessbut, on the written request of the IssuerCompany or the respective successor Trustee, or the respective retiring Trustee shall, upon payment of its successorcharges, execute and deliver an instrument transferring to such respective successor Trustee all the estates, properties, rights, powers and trusts of the retiring respective Trustee, and shall duly assign, transfer and deliver to such predecessor hereunder; respective successor Trustee all property and every predecessor Trustee shall deliver all securities and moneys money held by it as such respective retiring Trustee hereunder to its successorhereunder. Should Upon request of any instrument in writing from such respective successor Trustee, the Issuer be required by Company shall execute any successor Trustee and all instruments for more fully and certainly vesting in and confirming to such successor the estate, Trustee all such rights, powers and duties hereby vested or intended trusts. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor Trustee shall be qualified and eligible under this Article 11 to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuerextent operative.
Appears in 3 contracts
Samples: Indenture (Sholodge Inc), Indenture (Sholodge Inc), Indenture (Sholodge Inc)
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the Issuer Authority, the Company, the Remarketing Agent, the Auction Agent, and the Company Bond Insurer an instrument in writing accepting such appointment hereunder hereunder, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessorpredecessors; but such predecessor Trustee shall nevertheless, upon payment of its predecessor shall, neverthelesscharges hereunder, on the written request of the IssuerCompany, or of its successor, execute and deliver an instrument transferring to such successor Trustee all the estatesestate, properties, rights, powers and trusts trusts, duties and obligations of such predecessor hereunder; , and every predecessor Trustee shall deliver all securities and moneys money held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer Company be required by any a successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the IssuerCompany.
Appears in 3 contracts
Samples: Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Tampa Electric Co)
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the Issuer Authority, the Company, the Remarketing Agent, the Tender Agent and the Company Paying Agent an instrument in writing accepting such appointment hereunder hereunder, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessorpredecessors; but its such predecessor shall, Trustee shall nevertheless, on the written request of the IssuerCompany, or of its successor, execute and deliver an instrument transferring to such successor Trustee all the estatesestate, properties, rights, powers and trusts trusts, duties and obligations of such predecessor hereunder; , and every predecessor Trustee shall deliver all securities and moneys money held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer Company be required by any a successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the IssuerCompany.
Appears in 2 contracts
Samples: Loan and Trust Agreement (Tampa Electric Co), Loan and Trust Agreement (Teco Energy Inc)
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor the Company and also to the Issuer and the Company retiring Trustee an instrument in writing accepting such appointment hereunder appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successorsuccessor Trustee, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, trusts and duties and obligations of its predecessorthe retiring Trustee; but its predecessor shall, neverthelessbut, on the written request of the IssuerCompany or the respective successor Trustee, or the respective retiring Trustee shall, upon payment of its successorcharges, execute and deliver an instrument transferring to such respective successor Trustee all the estates, properties, rights, powers and trusts of the retiring respective Trustee, and shall duly assign, transfer and deliver to such predecessor hereunder; respective successor Trustee all property and every predecessor Trustee shall deliver all securities and moneys money held by it as such respective retiring Trustee hereunder hereunder, subject nevertheless to its successorlien, if any, provided for in Section 10.7. Should Upon request of any instrument in writing from such respective successor Trustee, the Issuer be required by Company shall execute any successor Trustee and all instruments for more fully and certainly vesting in and confirming to such successor the estate, Trustee all such rights, powers and duties hereby vested or intended trusts. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor Trustee shall be qualified and eligible under this Article 10 to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuerextent operative.
Appears in 2 contracts
Samples: Indenture (Litchfield Financial Corp /Ma), Indenture (Litchfield Financial Corp /Ma)
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the Issuer and the Company an instrument in writing accepting such appointment hereunder and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but its predecessor shall, nevertheless, on the written request of the Issuer, or of its successor, execute and deliver an instrument transferring to such successor all the estates, properties, rights, powers and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all securities and moneys held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer be required by any successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuer.
Appears in 2 contracts
Samples: Indenture of Trust (Simmons Co /Ga/), Indenture of Trust (Simmons Co /Ga/)
Acceptance by Successor Trustee. Every Any successor to the Trustee appointed hereunder under any of the methods herein provided shall execute, acknowledge and deliver to its or his predecessor trustee, and also to the Issuer and the Company Company, an instrument in writing accepting such appointment hereunder and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties powers and obligations trusts of its predecessorpredecessor in the trust hereunder with like effect as if originally named as Trustee herein, as the case may be; but its such predecessor shall, nevertheless, on at the written request of the Issuer, or of its successor, execute and deliver an instrument transferring to such the successor all the estates, properties, rights, powers and trusts of such predecessor hereunder; hereunder and every predecessor Trustee shall duly assign, transfer and deliver all securities property and moneys held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer Company be required by any successor Trustee for more fully and certainly effectually vesting in such successor the estate, and confirming to it or him all rights, powers and duties hereby vested or intended as trustee hereunder, the Company, upon the request of such successor, shall make, execute and deliver the same. The Company shall promptly give notice of the appointment of such successor by mail to be vested in the predecessor, any and Registered Owners of all such instruments in writing shall, on request, be executed, acknowledged and delivered by the IssuerNotes.
Appears in 1 contract
Samples: Indenture (Buckeye Partners L P)
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the Issuer Authority, the Company and the Company Paying Agent an instrument in writing accepting such appointment hereunder hereunder, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessorpredecessors; but such predecessor Trustee shall nevertheless, upon payment of its predecessor shall, neverthelesscharges hereunder, on the written request of the IssuerCompany, or of its successor, execute and deliver an instrument transferring to such successor Trustee all the estatesestate, properties, rights, powers and trusts trusts, duties and obligations of such predecessor hereunder; , and every predecessor Trustee shall deliver all securities and moneys money held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer Company be required by any a successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the IssuerCompany.
Appears in 1 contract
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor and also to the Issuer Authority, the Company and the Company Remarketing Agent an instrument in writing accepting such appointment hereunder hereunder, and thereupon such successor, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessorpredecessors; but such predecessor Trustee shall nevertheless, upon payment of its predecessor shall, neverthelesscharges hereunder, on the written request of the IssuerCompany, or of its successor, execute and deliver an instrument transferring to such successor Trustee all the estatesestate, properties, rights, powers and trusts trusts, duties and obligations of such predecessor hereunder; , and every predecessor Trustee shall deliver all securities and moneys money held by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer Company be required by any a successor Trustee for more fully and certainly vesting in such successor the estate, rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the IssuerCompany.
Appears in 1 contract
Acceptance by Successor Trustee. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to its or his predecessor the Company and also to the Issuer and the Company retiring Trustee an instrument in writing accepting such appointment hereunder appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successorsuccessor Trustee, without any further act, deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, trusts and duties and obligations of its predecessorthe retiring Trustee; but its predecessor shall, neverthelessbut, on the written request of the IssuerCompany or the respective successor Trustee, or the respective retiring Trustee shall, upon payment of its successorcharges, execute and deliver an instrument transferring to such respective successor Trustee all the estates, properties, rights, powers and trusts of the retiring respective Trustee, and shall duly assign, transfer and deliver to such predecessor hereunder; respective successor Trustee all property and every predecessor Trustee shall deliver all securities and moneys money held by it as such respective retiring Trustee hereunder to its successorhereunder. Should Upon request of any instrument in writing from such respective successor Trustee, the Issuer be required by Company shall execute any successor Trustee and all instruments for more fully and certainly vesting in and confirming to such successor the estate, Trustee all such rights, powers and duties hereby vested or intended to be vested in the predecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Issuertrusts.
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