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 and assuming all of the obligations of the retiring Liquidating Trustee hereunder and thereupon the successor Liquidating Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named herein; but the retiring Liquidating Trustee nevertheless shall, if applicable, when requested in writing by the successor Liquidating Trustee, 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 hereunder.

Appears in 2 contracts

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

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Acceptance of Appointment by Successor Liquidating Trustee. Any successor Liquidating Trustee trustee appointed hereunder shall execute an instrument accepting such appointment hereunder and assuming all shall deliver one counterpart thereof to the other remaining Liquidating Trustees (notice of any such appointment of a successor trustee shall be provided to the obligations 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 hereunder and thereupon the Trustee. Thereupon such successor Liquidating Trustee trustee shall, without any further act, become vested with all the estatesestate, properties, rights, powers, trusts, and duties of its his predecessor in the Liquidating Trust hereunder with like effect as if originally named herein; therein, but the retiring Liquidating Trustee nevertheless shall, if applicableshall nevertheless, when requested in writing by the successor Liquidating Trusteetrustee, 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, and deliver to such successor Liquidating Trustee trustee all property and money held by him hereunder.

Appears in 2 contracts

Samples: 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 appointment hereunder and assuming all shall deliver one counterpart thereof to each of the obligations other Liquidating Trustees and, in case of a resignation, to the retiring Liquidating Trustee hereunder and thereupon the Trustee. Thereupon such 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 hereintherein; but the retiring Liquidating Trustee nevertheless shall, if applicableshall nevertheless, when requested in writing by the successor Liquidating TrusteeTrustee 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, transfer and deliver to such successor Liquidating Trustee all property and money held by him hereunder.

Appears in 2 contracts

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

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 as the Liquidating Trustee under this Trust Agreement and assuming all shall file and maintain such acceptance with the books and records of the obligations Liquidating Trust. Upon acceptance of the retiring Liquidating Trustee hereunder and thereupon the such appointment as aforesaid, such successor Liquidating Trustee shall, without any further act, become vested with all the estates, properties, rights, powers, trusts, trusts and duties of its predecessor in the Liquidating Trust hereunder with like effect as if originally named herein; but the retiring provided, however, that a removed or resigning Liquidating Trustee nevertheless shall, if applicablenevertheless, when requested in writing by the successor Liquidating Trustee, 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 hereunder.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Highlands Insurance Group Inc)

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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 assuming all shall deliver one counterpart thereof to each of the obligations other Liquidating Trustees and, in case of a resignation, to the retiring Liquidating Trustee hereunder and thereupon the Trustee. Thereupon such 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 hereintherein; but the retiring Liquidating Trustee nevertheless shall, if applicableshall nevertheless, when requested in writing by the successor Liquidating TrusteeTrustee 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, transfer and deliver to such successor Liquidating Trustee all property and money held by him hereunder.. 10.5

Appears in 1 contract

Samples: Liquidating Trust Agreement

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