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

Acceptance of Appointment by Successor Liquidating Trustee. Any successor Liquidating Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart thereof to each of the other Liquidating Trustees and, in case of a resignation, to the retiring Liquidating Trustee. Thereupon such successor Liquidating Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts and duties of his or its predecessor in the Liquidating Trust hereunder with like effect as if originally named therein; but the retiring Liquidating Trustee shall nevertheless, when requested in writing by the successor Liquidating Trustee or by the remaining Liquidating Trustees, execute and deliver an instrument or instruments conveying and transferring to such successor Liquidating Trustee upon the trust herein expressed, all the estates, properties, rights, powers and trusts of such retiring Liquidating Trustee, and shall duly assign, transfer and deliver to such successor Liquidating Trustee all property and money held by him hereunder.

Appears in 3 contracts

Samples: Liquidating Trust Agreement, Liquidating Trust Agreement (Afg Investment Trust D), Liquidating Trust Agreement (Afg Investment Trust C)

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Acceptance of Appointment by Successor Liquidating Trustee. Any successor Liquidating Trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart thereof to each assuming all of the other Liquidating Trustees and, in case obligations of a resignation, to the retiring Liquidating Trustee. Thereupon such Trustee hereunder and thereupon the successor Liquidating Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts trusts, and duties of his or its predecessor in the Liquidating Trust hereunder with like effect as if originally named thereinherein; but the retiring Liquidating Trustee shall neverthelessnevertheless shall, if applicable, when requested in writing by the successor Liquidating Trustee or by the remaining Liquidating TrusteesTrustee, execute and deliver an instrument or instruments conveying and transferring to such successor Liquidating Trustee upon the trust herein expressed, all the estates, properties, rights, powers and trusts of such retiring Liquidating Trustee, and shall duly assign, transfer transfer, and deliver to such successor Liquidating Trustee all property and money held by him hereunder.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Bfa Liquidation Trust), Liquidating Trust Agreement (Bfa Liquidation Trust)

Acceptance of Appointment by Successor Liquidating Trustee. Any successor Liquidating Trustee trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and shall deliver one counterpart thereof to each of the other remaining Liquidating Trustees (notice of any such appointment of a successor trustee shall be provided to the Beneficiaries in the next report delivered to the Beneficiaries pursuant to Article V hereof) and, in the case of a resignation, to the retiring Liquidating Trustee. Thereupon such successor Liquidating Trustee trustee shall, without any further act, become vested with all the estatesestate, properties, rights, powers, trusts trusts, and duties of his or its predecessor in the Liquidating Trust hereunder with like effect as if originally named therein; , but the retiring Liquidating Trustee shall nevertheless, when requested in writing by the successor Liquidating Trustee or by the remaining Liquidating Trusteestrustee, execute and deliver an instrument or instruments conveying and transferring to such successor Liquidating Trustee trustee upon the trust herein expressed, all of the estates, properties, rights, powers and trusts of such retiring Liquidating Trustee, and shall duly assign, transfer transfer, and deliver to such successor Liquidating Trustee trustee all property and money held by him hereunder.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Usp Real Estate Investment Trust), Liquidating Trust Agreement (JMB Income Properties LTD Xiii)

Acceptance of Appointment by Successor Liquidating Trustee. Any successor Liquidating Trustee appointed hereunder shall execute an instrument accepting such its appointment hereunder and shall deliver one counterpart thereof to each of the other Liquidating Trustees Bankruptcy Court for filing and to the Trust Advisory Board and, in case of a the Liquidating Trustee’s resignation, to the retiring resigning Liquidating Trustee. Thereupon Thereupon, such successor Liquidating Trustee shall, without any further act, become vested with all the estatesliabilities, propertiesduties, powers, rights, powerstitle, trusts discretion and duties privileges of his or its predecessor in the Liquidating Trust hereunder with like effect as if originally named therein; but the retiring Liquidating Trustee and shall be deemed appointed pursuant to Bankruptcy Code section 1123(b)(3)(B). The resigning or removed Liquidating Trustee shall neverthelessduly assign, when requested in writing by the transfer and deliver to such successor Liquidating Trustee all property and money held by such resigning or removed Liquidating Trustee hereunder and shall, as directed by the remaining Bankruptcy Court or reasonably requested by such successor Liquidating TrusteesTrustee, execute and deliver an instrument or instruments conveying and transferring to such successor Liquidating Trustee upon the trust trusts herein expressed, all the estatesliabilities, propertiesduties, powers, rights, powers title, discretion and trusts privileges of such retiring resigning or removed Liquidating Trustee, and shall duly assign, transfer and deliver to such successor Liquidating Trustee all property and money held by him hereunder.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Washington Mutual, Inc)

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Acceptance of Appointment by Successor Liquidating Trustee. Any successor Liquidating Trustee appointed hereunder pursuant to this Article 6 shall execute an instrument accepting such appointment hereunder as the Liquidating Trustee under this Trust Agreement and shall deliver one counterpart thereof to each file and maintain such acceptance with the books and records of the other Liquidating Trustees andTrust. Upon acceptance of such appointment as aforesaid, in case of a resignation, to the retiring Liquidating Trustee. Thereupon such successor Liquidating Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts and duties of his or its predecessor in the Liquidating Trust hereunder with like effect as if originally named thereinherein; but the retiring provided, however, that a removed or resigning Liquidating Trustee shall shall, nevertheless, when requested in writing by the successor Liquidating Trustee or by the remaining Liquidating TrusteesTrustee, execute and deliver an instrument or instruments conveying and transferring to such successor Liquidating Trustee upon under the trust herein expressed, Liquidating Trust all the estates, properties, rights, powers powers, and trusts of such retiring predecessor Liquidating Trustee, and shall duly assign, transfer and deliver to such successor Liquidating Trustee all property and money held by him hereunder.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Highlands Insurance Group Inc)

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