Common use of Acceptance of Appointment by Successor Indenture Trustee Clause in Contracts

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 10 contracts

Samples: Indenture (Bear Stearns Asset Backed Securities Inc), Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)

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Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Issuing Entity and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the TrustIssuing Entity, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the TrustIssuing Entity, shall, with the written consent of the Note Insurer, shall execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 9 contracts

Samples: Indenture (Accredited Mortgage Loan REIT Trust), Indenture (Accredited Mortgage Loan REIT Trust), Indenture (NovaStar Certificates Financing CORP)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner TrusteeTrustee or the Note Insurer, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 9 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2003-3), Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Trust and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, shall execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 4 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2004-3), Indenture (Accredited Mortgage Loan Trust 2005-2), Indenture (Accredited Mortgage Loan Trust 2005-1)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Purchaser and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note InsurerPurchaser, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 3 contracts

Samples: Execution Version (American Business Financial Services Inc /De/), Indenture (American Business Financial Services Inc /De/), American Business Financial Services Inc /De/

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Issuer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the TrustIssuer, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 2 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2005-3), Indenture (Accredited Mortgage Loan Trust 2005-4)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request on request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 2 contracts

Samples: Subsequent Pledge Agreement (Prudential Securities Secured Financing Corp), Indenture, (Prudential Securities Secured Financing Corp)

Acceptance of Appointment by Successor Indenture Trustee. Every (a) Any successor Indenture Trustee appointed hereunder under Section 8.8 shall execute, acknowledge and deliver to the Trust, the Note Insurer Issuer and the retiring to its predecessor Indenture Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts trusts, duties and duties obligations of its predecessor Indenture Trustee hereunder, with like effect as if originally named as Indenture Trustee herein; but, nevertheless, on the written request of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request Issuer or of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring the Indenture Trustee ceasing to act shall, upon payment of its chargesany such amounts then due it pursuant to the provisions of Section 8.5, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money as may be held by such retiring Indenture Trustee hereunderceasing to act. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, Issuer shall execute and deliver any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers rights and trustspowers. No successor Any Indenture Trustee shall accept its appointment unless at the time of ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VIto secure any amounts then due it pursuant to Section 8.5.

Appears in 2 contracts

Samples: Insurance Trust Agreement (Brasil Telecom Holding Co), Insurance Trust Agreement (Brasil Telecom Sa)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner TrusteeTrustee or the Note Insurer, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture Trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 1 contract

Samples: Indenture (Accredited Home Lenders Inc)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Issuing Entity and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the TrustIssuing Entity, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 1 contract

Samples: Indenture (NovaStar Certificates Financing CORP)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Initial Purchaser and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note InsurerInitial Purchaser, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 1 contract

Samples: Execution (American Business Financial Services Inc /De/)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the TrustServicer, on behalf of the Note Insurer Issuer, and the retiring to its predecessor Indenture Trustee an instrument accepting such appointmentappointment hereunder and stating its eligibility to serve as Indenture Trustee hereunder, and thereupon the resignation or removal of the retiring predecessor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts trusts, duties and duties obligations of its predecessor hereunder; but, on request of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, Servicer or the successor Indenture Trustee, such retiring predecessor Indenture Trustee shall, upon payment of its chargescharges then unpaid and not in dispute, execute and deliver an instrument transferring to such successor Indenture Trustee all of the rights, powers and trusts of the retiring Indenture TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property (including all Custodial Property) and money held by such retiring Indenture Trustee so ceasing to act hereunder. Upon a written request of any such successor Indenture Trustee, the Owner TrusteeServicer, on behalf of the TrustIssuer, shall, with the written consent of the Note Insurer, shall execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. Upon acceptance of appointment by a successor Indenture Trustee as provided in this Section 10.10, the Servicer shall mail notice thereof by first-class mail, postage prepaid, to the Bondholders at their addresses appearing on the Bond Register. If the Servicer fails to mail such notice within ten days after acceptance of appointment by the successor Indenture Trustee, the successor Indenture Trustee shall cause such notice to be mailed at the expense of the Issuer. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.ARTICLE X.

Appears in 1 contract

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Acceptance of Appointment by Successor Indenture Trustee. Every Any successor Indenture Trustee appointed hereunder as provided in Section 7.07 hereof shall execute, acknowledge execute and deliver to the Trust, the Note Insurer Issuer and the retiring to its predecessor Indenture Trustee an instrument accepting such appointment, appointment and thereupon the resignation or removal of the retiring predecessor Indenture Trustee shall become effective and the appointment of such successor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations of its predecessor as if such successor Indenture Trustee were originally named as Indenture Trustee hereunder and under the retiring Indenture Trusteeother Operative Documents. Notwithstanding the foregoing, upon a Trust Request on the written request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring the Indenture Trustee ceasing to act shall, upon payment of its chargescharges then unpaid to which it is entitled to reimbursement or payment hereunder, pay over to the successor Indenture Trustee all moneys at the time held by it in trust hereunder and shall execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers powers, duties and trusts of obligations hereunder and under the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunderother Operative Documents. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, predecessor Indenture Trustee shall execute and deliver any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights and powers. Any Indenture Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Indenture Trustee hereunder to secure any amounts then due to it pursuant to the provisions of Section 7.06 hereof. If a successor Indenture Trustee is appointed hereunder, a supplement to this Indenture executed and delivered by the Issuer, the predecessor Indenture Trustee and the successor Indenture Trustee shall be sufficient to effect the removal of the predecessor Indenture Trustee and to vest the successor Indenture Trustee with all rights, powers powers, duties and trustsobligations of its [Indenture] predecessor hereunder and under the other Operative Documents, as if such successor Indenture Trustee was originally named as Indenture Trustee hereunder and thereunder. No successor Indenture Trustee shall accept its appointment as provided in this Section 7.09 unless at the time of such acceptance such successor Indenture Trustee shall be qualified eligible to act as Indenture Trustee under the provisions of Section 7.08 hereof. Upon acceptance of appointment by a successor Indenture Trustee as provided in this Section 7.09, the successor Indenture Trustee shall notify the Noteholders of such appointment by registered mail at their last address as they shall appear in the Register, and eligible under this Article VIshall mail a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.07 hereof.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

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Acceptance of Appointment by Successor Indenture Trustee. (a) Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Initial Purchaser, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargesall amounts owing to it, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note InsurerControlling Party, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 1 contract

Samples: Indenture (American Business Financial Services Inc /De/)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer Issuer and the retiring to its predecessor Indenture Trustee an instrument accepting such appointmentappointment hereunder and stating its eligibility to serve as Indenture Trustee hereunder, and thereupon the resignation or removal of the retiring predecessor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts trusts, duties and duties obligations of its predecessor hereunder; but, on request of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, Issuer or the successor Indenture Trustee, such retiring predecessor Indenture Trustee shall, upon payment of its chargescharges then unpaid, execute and deliver an instrument transferring to such successor Indenture Trustee all of the rights, powers and trusts of the retiring Indenture TrusteeTrustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee so ceasing to act hereunder. Upon a written request of any such successor Indenture Trusteetrustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, Issuer shall execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. Upon acceptance of appointment by a successor Indenture Trustee as provided in this Section, the Issuer shall mail notice thereof by first-class mail, postage prepaid, to the Owners at their last addresses appearing upon the Register. The Issuer shall send a copy of such notice to the Rating Agencies. If the Issuer fails to mail such notice within ten days after acceptance of appointment by the successor Indenture Trustee, the successor Indenture Trustee shall cause such notice to be mailed at the expense of the Trust. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VIIX.

Appears in 1 contract

Samples: Indenture (Imc Securities Inc)

Acceptance of Appointment by Successor Indenture Trustee. Every Any successor Indenture Trustee appointed hereunder as provided in Section 7.07 hereof shall execute, acknowledge execute and deliver to the TrustLessee, the Note Insurer Issuer and the retiring to its predecessor Indenture Trustee an instrument accepting such appointment, appointment and thereupon the resignation or removal of the retiring predecessor Indenture Trustee shall become effective and the appointment of such successor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations of its predecessor as if such successor Indenture Trustee were originally named as Indenture Trustee hereunder and under the retiring Indenture Trusteeother Operative Documents. Notwithstanding the foregoing, upon a Trust Request on the written request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring the Indenture Trustee ceasing to act shall, upon payment of its chargescharges then unpaid to which it is entitled to reimbursement or payment hereunder, pay over to the successor Indenture Trustee all moneys at the time held by it in trust hereunder and shall execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers powers, duties and trusts of obligations hereunder and under the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunderother Operative Documents. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, predecessor Indenture Trustee shall execute and deliver any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights and powers. Any Indenture Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such Indenture Trustee hereunder to secure any amounts then due it pursuant to the provisions of Section 7.06 hereof. If a successor Indenture Trustee is appointed hereunder, a supplement to this Indenture executed and delivered by the Issuer, the predecessor Indenture Trustee and the successor Indenture Trustee shall be sufficient to effect the removal of the predecessor Indenture Trustee and to vest the successor Indenture Trustee with all rights, powers powers, duties and trustsobligations of its predecessor hereunder and under the other Operative Documents, as if such successor Indenture Trustee was originally named as Indenture Trustee hereunder and thereunder. No successor Indenture Trustee shall accept its appointment as provided in this Section unless at the time of such acceptance such successor Indenture Trustee shall be qualified eligible to act as Indenture Trustee under the provisions of Section 7.08 hereof. [Indenture] Upon acceptance of appointment by a successor Indenture Trustee as provided in this Section, the successor Indenture Trustee shall notify the Guaranteed Lenders and eligible under this Article VIthe Noteholders of such appointment by registered mail at their last address as they shall appear in the Register, and shall mail a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.07 hereof.

Appears in 1 contract

Samples: Indenture (Atlas Air Worldwide Holdings Inc)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the Trust, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request on request of the Owner Trustee, on behalf of the Trust, Trust or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the Trust, shall, with the written consent of the Note Insurer, Trust shall execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 1 contract

Samples: Indenture (Prudential Securities Secured Financing Corp)

Acceptance of Appointment by Successor Indenture Trustee. Every successor Indenture Trustee appointed hereunder shall execute, acknowledge and deliver to the TrustIssuing Entity, the Note Insurer and the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee. Notwithstanding the foregoing, upon a Trust Request of the Owner TrusteeTrustee or the Note Insurer, on behalf of the TrustIssuing Entity, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its chargescharges and any fees, expenses or other amounts owing the Indenture trustee, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of the TrustIssuing Entity, shall, with the written consent of the Note Insurer, execute and deliver any and all instruments for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at the time of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VI.

Appears in 1 contract

Samples: Indenture (Accredited Mortgage Loan REIT Trust)

Acceptance of Appointment by Successor Indenture Trustee. Every (a) Any successor Indenture Trustee trustee appointed hereunder as provided in Section 10.3 shall execute, acknowledge and deliver to the TrustNoteholders, the Note Insurer SPC and the retiring Indenture Trustee to its predecessor trustee an instrument accepting such appointmentappointment hereunder, and and, subject to Section 10.3, thereupon the resignation or removal of the retiring predecessor Indenture Trustee shall become effective and such successor Indenture Trusteetrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations of its predecessor hereunder, with like effect as if originally named as Indenture Trustee herein; provided that at the written direction of a Controlling Party or written request of the retiring Indenture Trustee. Notwithstanding successor trustee, the foregoing, upon a Trust Request of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of its charges, ceasing to act shall execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, rights and powers and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunderso ceasing to act. Upon a written request of any such successor Indenture Trustee, the Owner Trustee, on behalf of Noteholders and the Trust, shall, with the written consent of the Note Insurer, SPC shall execute and deliver any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights, powers rights and trustspowers. No successor Any predecessor Indenture Trustee shall accept its appointment unless at nevertheless retain the time of such acceptance such successor right and priority under Article IV to be paid any amounts then due it pursuant to this Indenture Trustee shall be qualified and eligible under this Article VIthat remain unpaid.

Appears in 1 contract

Samples: Indenture (National Commercial Bank Jamaica LTD)

Acceptance of Appointment by Successor Indenture Trustee. Every Any successor Indenture Trustee indenture trustee appointed hereunder as provided in Section 8.9 shall execute, acknowledge execute and deliver to the TrustGolden State Petroleum, the Note Insurer Owners, the Indenture Trustee, and the retiring Indenture Trustee its predecessor indenture trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring Indenture Trustee predecessor indenture trustee shall become effective and such successor Indenture Trusteeindenture trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations of its predecessor hereunder, with like effect as if originally named as trustee herein; but, nevertheless, on the written request of Golden State Petroleum, as agent of the retiring Indenture Trustee. Notwithstanding the foregoingOwners, upon a Trust Request or of the Owner Trustee, on behalf of the Trust, or the successor Indenture Trustee, such retiring Indenture Trustee shallindenture trustee, upon payment of its chargescharges then unpaid, the indenture trustee ceasing to act shall, subject to Section 11.4, pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor Indenture Trustee trustee all the such rights, powers powers, duties and trusts of the retiring Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunderobligations. Upon a written request of any such successor Indenture Trusteetrustee, the Owner TrusteeGolden State Petroleum, on behalf as agent of the TrustOwners, shall, with the written consent of the Note Insurer, shall execute and deliver any and all instruments in writing for more fully and certainly vesting in and confirming conferring to such successor Indenture Trustee trustee all such rightsrights and powers. Any indenture trustee ceasing to act shall, powers and trusts. No successor Indenture Trustee shall accept its appointment unless at nevertheless, retain a prior claim upon all property or funds held or collected by such indenture trustee to secure any amounts then due it pursuant to the time provisions of such acceptance such successor Indenture Trustee shall be qualified and eligible under this Article VISection 8.6.

Appears in 1 contract

Samples: Management Agreement (Golden State Petro Iom I B PLC)

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