Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 10 contracts
Samples: Indenture (PRG Schultz International Inc), Indenture (PRG Schultz International Inc), Indenture (Finisar Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 12.02 hereof shall execute and deliver to the Company Owner Trustee, the Lessee, and to its predecessor trustee an instrument accepting such appointment hereunder, in form and substance reasonably satisfactory to the Owner Trustee, 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Owner Trustee or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 14.04 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Owner Trustee shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06Article XI hereof. No successor trustee shall accept appointment as provided in this Section 7.11 12.04 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.0912.03 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.1112.04, the Company successor trustee shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerRegister, and shall mail a copy of such notice to the Lessee and the Owner Trustee. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company12.02 hereof.
Appears in 9 contracts
Samples: Trust Indenture and Security Agreement (Federal Express Corp), Trust Indenture and Security Agreement (Federal Express Corp), Trust Indenture and Security Agreement (Federal Express Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 12.02 hereof shall execute and deliver to the Company Owner Trustee, the Lessee, 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Owner Trustee or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 14.04 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Owner Trustee shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06Article XI hereof. No successor trustee shall accept appointment as provided in this Section 7.11 12.04 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.0912.03 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.1112.04, the Company successor trustee shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerRegister, and shall mail a copy of such notice to the Lessee and the Owner Trustee. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company12.02 hereof.
Appears in 8 contracts
Samples: Trust Indenture and Security Agreement (Federal Express Corp), Trust Indenture and Security Agreement (Federal Express Corp), Trust Indenture and Security Agreement (Federal Express Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute execute, acknowledge and deliver to the Company Issuer 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 rights, powers, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, pay over and transfer to the successor trustee Trustee all moneys and property at the time held by it hereunder and shall execute execute, acknowledge and deliver an instrument transferring to such successor trustee Trustee all such rights, powers, duties trusts and obligationsduties. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute and acknowledge any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights money, property, rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee Trustee for the benefit of such applicable series to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee 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 7.08 6.8 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company6.9.
Appears in 6 contracts
Samples: Indenture (CMS Energy Corp), Indenture (CMS Energy Corp), Indenture (Laclede Capital Trust I)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail give notice thereof (a) if any Unregistered Subordinated Securities of a series affected are then Outstanding, to the Holders thereof, by first class mail publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 3.09, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Subordinated Securities of a series affected are then Outstanding, to the Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Company for such purpose) and (c) to the Holders of Notes Registered Subordinated Securities of each series affected, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. 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 7.10. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 6 contracts
Samples: Subordinated Indenture (Covad Communications Group Inc), Subordinated Indenture (Lexar Media Inc), Subordinated Indenture (Lexar Media Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail give notice thereof (a) if any Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, by first class mail publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 3.09, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Securities of a series affected are then Outstanding, to the Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Company for such purpose) and (c) to the Holders of Notes Registered Securities of each series affected, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. 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 7.10. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 6 contracts
Samples: Senior Indenture (Covad Communications Group Inc), Senior Indenture (Transmeta Corp), Senior Indenture (Flextronics International LTD)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall upon being paid the amounts due it under Section 6.6 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property Property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.11 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 6.8 and eligible under the provisions of Section 7.096.9. Upon acceptance No Trustee under this Indenture shall be personally liable for any action or omission of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 5 contracts
Samples: Indenture (Trans World Gaming Corp), Indenture (Value Partners LTD /Tx/), Indenture (Trans World Gaming Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in under Section 7.10 7.09 shall execute 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, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such the rights, powers, duties powers and obligationstrusts of the Trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the provisions of Section 7.08 Trust Indenture Act and eligible under the provisions of Section 7.097.08. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11trustee, the Company shall mail give notice thereof by first class mail of the succession of such trustee hereunder to the Holders of Notes at their last addresses as they shall appear in the register. 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 manner provided in Section 7.101.05. If the Company fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 5 contracts
Samples: Indenture (Grupo TMM Sa), Indenture (Grupo TMM Sa), Indenture (TMM Holdings Sa De Cv)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaidall amounts due to the Trustee under Section 7.6, the trustee Trustee ceasing to act shall shall, subject to Section 4.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act act, shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in on the registerSecurity Register. 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 7.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 5 contracts
Samples: Subordinated Indenture (Aspen Insurance Holdings LTD), Indenture (Idaho Power Co), Indenture (Covanta Capital Trust Iii)
Acceptance of Appointment by Successor Trustee. Any (a) Every successor trustee appointed as provided in Section 7.10 6.8 shall execute execute, acknowledge and deliver to the Company Trust and to its predecessor indenture trustee an instrument accepting such appointment hereunderappointment, and thereupon the resignation or removal of the predecessor indenture trustee shall become effective and such successor indenture trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunderunder the Indenture, with like effect as if originally named as indenture trustee hereunderunder the Indenture; but, nevertheless, on the written request of the Company Trust or of the successor indenture trustee, upon payment of its charges then unpaid, the indenture trustee ceasing to act shall shall, subject to Section 11.4, pay over to the successor indenture trustee all moneys funds at the time held by it hereunder under the Indenture and shall execute and deliver an instrument transferring to such successor indenture trustee all such rights, powers, duties and obligations. Upon request of any such successor indenture trustee, the Company Trust shall execute 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 Subject to the Lien created under the Indenture, any indenture trustee ceasing to act shall, 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 provisions of Section 7.06. No 6.6.
(b) Upon acceptance of appointment by a successor trustee shall accept appointment Indenture Trustee as provided in this Section 7.11 unless 6.9, the Trust shall notify each Holder of any Note and each rating agency then rating any Notes at the time request of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the registerTrust. 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 7.106.8. If the Company Trust fails to mail make such notice within ten 10 days after acceptance of appointment by the successor trusteeIndenture Trustee, the successor trustee Indenture Trustee shall cause such notice to be mailed at the expense of the CompanyTrust.
Appears in 4 contracts
Samples: Standard Indenture Terms (Allstate Life Global Funding), Standard Indenture Terms (Allstate Life Insurance Co), Indenture Agreement (Allstate Life Insurance Co)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute execute, acknowledge and deliver to the Company Company, the Guarantor 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company and the Guarantor shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyCompany transmit notice of the succession of such trustee hereunder to the Holders of Securities in the manner and to the extent provided in subsection (c) of Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04.
Appears in 4 contracts
Samples: Indenture (Chevron Funding Corp), Indenture (Chevrontexaco Corp), Indenture (Chevron Canada Capital Co)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes Securities at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Omnicom Group Inc), Indenture (Health Management Associates Inc), Indenture (Omnicom Capital Inc)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 8.8 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company or of Issuer, the successor trusteeTrustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 8.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act, duties and obligationsshall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 8.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.9 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.7.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register14.4. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 3 contracts
Samples: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (American Beverage Co Ambev)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute execute, acknowledge and deliver to the Company Company, to the Guarantor 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company Company, the Guarantor or of the successor trustee, upon payment of its charges then unpaidall amounts due to the Trustee under Section 7.6, the trustee Trustee ceasing to act shall shall, subject to Section 4.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company and the Guarantor shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act act, shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in on the registerSecurity Register. 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 7.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings LTD)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute and deliver to the Company and to its the 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the registerNote Register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (Xoma LTD /De/)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 11.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.11, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Home Depot Inc), Indenture (Home Depot Inc), Indenture (Vencor Inc)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 8.3 shall execute execute, acknowledge and deliver to the Company Holders, the Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon and, subject to Section 8.3, upon the resignation or removal of the predecessor trustee Trustee, such appointment 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 hereunderTrustee herein; butprovided, neverthelesshowever, that the Trustee ceasing to act shall, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaidcharges, the trustee ceasing to act shall 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 trustee Trustee all such the rights, powerspowers and trusts of the retiring Trustee, duties and obligationsshall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor trusteeTrustee, the Company Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. .
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.4 unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as the Trustee under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.3(d).
(c) Upon acceptance of appointment by any a successor trustee as provided in this Section 7.118.4, the Company successor trustee shall mail notice thereof notify each Holder of such appointment by first class mail to the Holders of Notes delivery at their its last addresses address as they shall appear in the registerRegister, and shall deliver a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company8.3.
Appears in 3 contracts
Samples: Indenture (Auna S.A.), Indenture (Auna S.A.), Indenture (Auna S.A.A.)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 10.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11Section, the Company shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerNote Register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute and deliver to the Company IRSA and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to the Securities of such Series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as trustee for the Securities of such Series hereunder; but, nevertheless, on the written request of the Company IRSA or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company IRSA shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.11, the Company IRSA shall mail give, at its expense, notice thereof by first class mail to the Holders Securityholders as specified in Section 12.5 and the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the registersuccessor trustee and the address of its Corporate Trust Office. 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 7.10. If the Company IRSA fails to mail give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of IRSA. No successor trustee shall accept its appointment unless at the Companytime of such acceptance such successor trustee shall be qualified and eligible under this Article, to the extent operative.
Appears in 2 contracts
Samples: Indenture (Irsa Investments & Representations Inc), Indenture (Irsa Investments & Representations Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute and deliver to the Company Issuer 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 shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 11.04, 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 trustee all such rights, powers, duties and obligations. Upon reasonable request of any such successor trustee, the Company Issuer shall execute any and all reasonable instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company successor trustee shall mail give notice thereof by first class mail mailing notice to the Holders of Notes then Outstanding Securities affected at their last addresses as they shall appear in on the registerregistry books. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 2 contracts
Samples: Trust Indenture (First Responder Systems & Technology Inc.), Trust Indenture (First Responder Systems & Technology Inc.)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 SECTION 5.9 hereof shall execute 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to SECTION 9.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.09SECTION 5.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11SECTION 5.10, the Company shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerNotes Register. If the acceptance of appointment is substantially contemporaneous with the a resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.10SECTION 5.9 hereof. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company. Notwithstanding replacement of the Trustee pursuant to this SECTION 5.10, the Company's obligations under SECTION 5.6 hereof shall continue for the benefit of the retiring Trustee.
Appears in 2 contracts
Samples: Indenture (Edison Mission Energy), Indenture (Edison Mission Finance Co)
Acceptance of Appointment by Successor Trustee. Any Every successor trustee Trustee appointed as provided in Section 7.10 hereunder shall execute execute, acknowledge and deliver to the Company and to its predecessor trustee the retiring Trustee an instrument accepting such appointment hereunderwithin 60 days of such resignation or removal, 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
(a) If an instrument of acceptance shall not have been delivered to the Trustee within 60 days after giving such notice of resignation or conveyanceremoval, shall become vested with all rightsas the case may be, powersthe Trustee resigning or being removed, duties and obligations of its predecessor hereunderas the case may be, with like effect as if originally named as trustee hereunder; butmay petition, nevertheless, on at the written request expense of the Company or Company, any court of competent jurisdiction for the successor trustee, upon payment appointment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. Successor Trustee.
(b) No successor trustee Trustee shall accept its appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article 7.
(c) Any Person into which the provisions Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all the corporate trust business of Section 7.08 the Trustee, shall be the successor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such successor Trustee shall be qualified and eligible under the provisions of Section 7.09. Upon acceptance 7.07 hereof.
(d) In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of appointment the Notes shall have been authenticated but not delivered by the Trustee then in office, any such successor trustee to such authenticating Trustee may adopt such certificate of authentication and deliver the Notes so authenticated and in such case such certificate shall have the same force under the Notes and under this Indenture as provided in this if authenticated by such predecessor Trustee.
(e) Notwithstanding the replacement of the Trustee pursuant to Section 7.117.08, the Company Company’s obligations under Section 7.05 shall mail notice thereof by first class mail to continue for the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense benefit of the Companyretiring Trustee with respect to matters or actions arising prior to such replacement.
Appears in 2 contracts
Samples: Indenture (Millicom International Cellular Sa), Indenture (Millicom International Cellular Sa)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 8.8 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 8.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act, duties and obligationsshall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 8.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.9 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.7.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register14.5. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (CSN Islands IX Corp.), Indenture (American Beverage Co Ambev)
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Asyst Technologies Inc /Ca/), Indenture (Resmed Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.096.6. Upon acceptance of appointment by any successor trustee as provided in this Section 7.116.11, the Company shall mail give, at its expense, notice thereof by first class mail to the Holders as specified in Section 12.5 and the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the register. If successor trustee and the acceptance address 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 7.10its Corporate Trust Office. If the Company fails to mail give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company. 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, to the extent operative.
Appears in 2 contracts
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 hereof shall execute and deliver to the Company Issuer 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 9.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurities Register. If the acceptance of appointment is substantially contemporaneous with the resignation, resignation then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.105.9 hereof. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer. Notwithstanding replacement of the Trustee pursuant to this Section 5.10, the Issuer's obligations under Section 5.6 hereof shall continue for the benefit of the retiring Trustee.
Appears in 2 contracts
Samples: Indenture (NRG Energy Inc), Senior Debt Securities Indenture (NRG Energy Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.6, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.105.9. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Schein Pharmaceutical Inc), Senior Subordinated Loan Agreement (Danbury Pharmacal Puerto Rico Inc)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 8.3 shall execute execute, acknowledge and deliver to the Company Holders, the Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon and, subject to Section 8.3, upon the resignation or removal of the predecessor trustee Trustee, such appointment 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 hereunderTrustee herein; butprovided, neverthelesshowever, that the Trustee ceasing to act shall, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaidcharges, the trustee ceasing execute, subject to act shall pay over to the successor trustee all moneys at the time held by it hereunder Section 8.4(d) and shall execute Section 8.5(g) below, and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the retiring Trustee, duties and obligationsshall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its Lien, if any, provided for in Section 8.5. Upon written request of any such successor trusteeTrustee, the Company Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. .
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as the Trustee under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.3(e).
(c) Upon acceptance of appointment by any a successor trustee Trustee as provided in this Section 7.118.4, the Company successor Trustee shall mail notify each Holder of such appointment in accordance with Section 10.5 (with a copy of such notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the registerIssuer). If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance 8.3.
(d) The Trustee shall have no responsibility or liability for any action or inaction of appointment by the a successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyTrustee.
Appears in 2 contracts
Samples: Indenture (Camposol Holding PLC), Indenture (Camposol Holding PLC)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 6.10 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 10.4, pay over to the successor trustee Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all such rights, powers, duties and obligations. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property Property or funds held or collected by such trustee Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee Trustee shall accept appointment as provided in this Section 7.11 6.11 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 6.8 and eligible under the provisions of Section 7.096.9. Upon acceptance of appointment by any a successor trustee Trustee as provided in this Section 7.116.11, the Company Issuer shall mail notice thereof by first class mail to the Holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.106.10. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed at the expense of the CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (American Biltrite Inc), Indenture (Congoleum Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute execute, acknowledge and deliver to the Company Issuer 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 rights, powers, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, pay over to the successor trustee all moneys at the time held by it hereunder for the benefit of such applicable series and shall execute execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers, duties trusts and obligationsduties. Upon request of any such successor trustee, the Company Issuer shall execute and acknowledge any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights rights, powers and powerstrusts. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee for the benefit of the Notes to secure any amounts then due it pursuant to the provisions of Section 7.066.6. 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 7.08 6.8 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company6.9.
Appears in 2 contracts
Samples: Indenture (Aerial Communications Inc), Indenture (American Portable Telecom Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaidall amounts due to the Trustee under Section 7.6, the trustee Trustee ceasing to act shall shall, subject to Section 4.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act act, shall, nevertheless, retain a prior claim Lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in on the registerSecurity Register. 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 7.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 12.02 hereof shall execute and deliver to the Company Owner Trustee, the Lessee, and to its predecessor trustee an instrument accepting such appointment hereunder, in form and substance reasonably satisfactory to the Owner Trustee, 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Owner Trustee or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 14.04 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Owner Trustee shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06Article XI hereof. No successor trustee shall accept appointment as provided in this Section 7.11 12.04 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.0912.03 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.1112.04, the Company successor trustee shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerRegister, and shall mail a copy of such notice to the Lessee and the Owner Trustee. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company12.02 hereof.
Appears in 2 contracts
Samples: Note Purchase Agreement (Midway Airlines Corp), Trust Indenture and Security Agreement (Midway Airlines Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.11, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the registerSecurity Register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Usec Inc), Indenture (Usec Inc)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 6.9 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 6.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act and shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and money held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 6.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 6.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 6.8.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register13.4. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 shall execute and deliver to the Company Issuers 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company an Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 9.4, pay over to the successor trustee all moneys at the time held field by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company such Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuers shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.substantially
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute and deliver to the Company and to its the 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the registerNote Register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 8.9 shall execute ----------- 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 11.4, ------------ pay over to the successor trustee all moneys monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties and obligations. , Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.068.6. ----------- No successor trustee shall accept appointment as provided in to this Section 7.11 ------- 8.10 unless at the time of such acceptance such successor trustee shall be ---- qualified under the provisions of Section 7.08 TIA (S) 310(b) and eligible under the provisions of Section 7.098.8. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.-----------
Appears in 1 contract
Samples: Indenture (New Millennium Homes LLC)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 5.08 shall execute and deliver to the Company Issuer and the Guarantor 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligationsTrustee herein. Upon request of any such successor trusteeTrustee, the Company Issuer and the Guarantor shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim and 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.06. Upon acceptance of appointment by any a successor trustee Trustee as provided in this Section 7.115.09, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerRegister. 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 7.105.08. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (PCCW LTD)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 hereunder shall execute execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunderappointment, 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, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee Trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, such predecessor Trustee, upon payment of its charges any amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and provisions of Section 5.07, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of such rightspredecessor Trustee, powersand shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and funds held by such predecessor Trustee hereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, nevertheless shall retain a prior claim Lien upon all property or funds held or collected by such trustee Trustee (except funds held in trust for the benefit of Holders of particular Series B Notes) to secure any amounts then due it pursuant to the provisions of Section 7.065.07. No successor trustee Trustee shall accept appointment as provided in this Section 7.11 5.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.08. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.37
Appears in 1 contract
Samples: Indenture (CSK Auto Corp)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 8.3 shall execute execute, acknowledge and deliver to the Company Holders, the Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon and, subject to Section 8.3, upon the resignation or removal of the predecessor trustee Trustee, such appointment 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 hereunderTrustee herein; butprovided, neverthelesshowever, that the Trustee ceasing to act shall, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaidcharges, the trustee ceasing execute, subject to act shall pay over to the successor trustee all moneys at the time held by it hereunder and shall execute Section 8.6(g) below, and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the retiring Trustee, duties and obligationsshall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.6. Upon written request of any such successor trusteeTrustee, the Company Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. .
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as the Trustee under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.3(d).
(c) Upon acceptance of appointment by any a successor trustee as provided in this Section 7.118.4, the Company successor trustee shall mail notice thereof notify each Holder of such appointment by first first-class mail to the Holders of Notes (or overnight courier) at their its last addresses address as they shall appear in the registerRegister, and shall mail (or overnight courier) a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance 8.3.
(d) The Trustee shall have no responsibility or liability for any action or inaction of appointment by the a successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyTrustee.
Appears in 1 contract
Samples: Indenture (Camposol Holding PLC)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 8.9 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 8.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act and shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and money held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 8.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.8.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register15.4. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Bank Bradesco)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaidall amounts due to the Trustee under Section 7.6, the trustee Trustee ceasing to act shall shall, subject to Section 12.5, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act act, shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in on the register. Security Register, 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 7.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Sirius International Insurance Group, Ltd.)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.09 shall execute execute, acknowledge and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.06. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders holders of Notes at their last addresses as they shall appear in the Note register. 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 7.105.09. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Vitro Sa De Cv)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 5.9 shall execute 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 the Notes shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Notes of its predecessor hereunder, with like effect as if originally named as trustee Trustee for the Notes hereunder; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 8.4, pay over to the successor trustee Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all such rights, powers, duties and obligations. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any successor trustee Trustee as provided in this Section 7.115.10, the Company shall mail give, at its expense, notice thereof by first class mail to the Holders of Notes at their last addresses Noteholders as they specified in Section 11.4 (which notice shall appear in include the registersuccessor Trustee’s Corporate Trust Office) and to the CNV. 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 7.105.9. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the Company. 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.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. .
(b) 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 7.08 and eligible under the provisions of Section 7.09. .
(c) Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Osi Pharmaceuticals Inc)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 8.8 shall execute execute, acknowledge and deliver to the Company Unibanco 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Unibanco or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 8.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act, duties and obligationsshall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Unibanco shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 8.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.9 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.7.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, Unibanco shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register14.4. 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 7.10. If the Company Unibanco fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyUnibanco.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 Section 8.3 shall execute execute, acknowledge and deliver to the Company Holders, the Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon and, subject to Section 8.3, upon the resignation or removal of the predecessor trustee Trustee, such appointment 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 hereunderTrustee herein; butprovided, neverthelesshowever, that the Trustee ceasing to act shall, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaidcharges, the trustee ceasing to act shall 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 trustee Trustee all such the rights, powerspowers and trusts of the retiring Trustee, duties and obligationsshall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor trusteeTrustee, the Company Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. .
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 Section 8.4 unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as the Trustee under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. Section 8.3(d).
(c) Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11Section 8.4, the Company successor trustee shall mail notice thereof notify each Holder of such appointment by first class mail to the Holders of Notes delivery at their its last addresses address as they shall appear in the registerRegister, and shall deliver a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanySection 8.3.
Appears in 1 contract
Samples: Indenture (Auna S.A.)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 11.06, pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument as may be reasonably requested by the Company or such successor trustee transferring to such successor trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.11, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Republic Group Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 11.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.11, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.09 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.06. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuer shall mail notice thereof by first class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the registerRegister. 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 7.105.09. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Eco Telecom LTD)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 6.9 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 6.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act and shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and money held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 6.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 6.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 6.8.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Securityholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company12.
Appears in 1 contract
Samples: Indenture (Bank Bradesco)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.11 shall execute and deliver to the Company Issuer, the Guarantor 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company Issuer, the Guarantor or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 8.04 pay over to the successor trustee all moneys monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.065.08."
Section 2.16. No successor trustee shall accept appointment Holders to be Treated as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions Owners. The first sentence of Section 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense 6.03 of the Company.Base Indenture is hereby amended to read:
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.9 hereof shall execute and deliver to the Company Issuer 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 10.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act 38 43 shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.096.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.116.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurities Register. If the acceptance of appointment is substantially contemporaneous with the resignation, resignation then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.106.9 hereof. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer. Notwithstanding replacement of the Trustee pursuant to this Section 6.10, the Issuer's obligations under Section 6.6 hereof shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in under Section 7.10 8.8 shall execute 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, trusts, duties and obligations with respect to such series of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 8.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powers, duties powers and obligationstrusts with respect to such series of the Trustee so ceasing to act. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.068.5. No successor trustee Trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee Trustee shall with respect to such series be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.098.7. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11Trustee, the Company shall mail give notice thereof by first class mail of the succession of such Trustee hereunder to the Holders of Notes at their last addresses as they shall appear in the register. 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 manner provided in Section 7.101.6. If the Company fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Covanta Holding Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.11 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereundertrustee; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due or subsequently owing it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.11 6.12 unless at the time of such acceptance such successor trustee shall be qualified under Section 310(b) of the provisions of Section 7.08 Trust Indenture Act and eligible under the provisions of Section 7.096.10. Upon acceptance of appointment by any successor trustee as provided in this Section 7.116.12, the Company shall mail give notice thereof by first class mail to the Holders of Notes by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. 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 7.106.11. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Quadramed Corp)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 8.8 shall execute execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunderhereunder (and shall promptly notify the Insurance Agent of such appointment), 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 8.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act, duties and obligationsshall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 8.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.9 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.7.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register14.4. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 calendar days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 5.9 hereof shall execute and deliver to the Company Issuer 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 9.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurities Register. If the acceptance of appointment is substantially contemporaneous with the resignation, resignation then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.105.9 hereof. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer. Notwithstanding replacement of the Trustee pursuant to this Section 5.10, the Issuer's obligations under Section 5.6 hereof shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute execute, acknowledge and deliver to the Company Issuer 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 rights, powers, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, pay over and transfer to the successor trustee Trustee all moneys and property at the time held by it hereunder and shall execute execute, acknowledge and deliver an instrument transferring to such successor trustee Trustee all such rights, powers, duties trusts and obligationsduties. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute and acknowledge any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights money, property, rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee Trustee for the benefit of such applicable series to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee 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 7.08 6.8 and eligible under the provisions of Section 7.096.9. Upon acceptance of appointment by any successor trustee Trustee as provided in this Section 7.11Section, the Company Issuer shall mail give notice thereof by first class mail to the Holders of Notes Securities, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerSecurity registry books. 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 7.106.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 6.9 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 6.5, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act and shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and money held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 8.5.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 6.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 6.8.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register13.4. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 6.3 shall execute execute, acknowledge and deliver to the Noteholders, the other Trustee, the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and and, subject to Section 6.3, thereupon the resignation or removal of the predecessor trustee Trustee shall become effective and such successor trusteesuccessor, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunderhereunder and the other Transaction Documents, with like effect as if originally named as trustee hereunderthe Indenture Trustee or the Argentine Collateral Trustee (as applicable) herein; butit being understood that, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaidto further evidence such event, the trustee Trustee ceasing to act shall pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument a document transferring to such successor trustee Trustee all such rights, powers, duties the rights and obligationspowers of the Trustee so ceasing to act (other than its rights to receive any indemnities or other payments payable to it in its own capacity). Upon written request of any such successor trusteeTrustee, the Noteholders and/or the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing predecessor Trustee shall nevertheless retain the right to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure be paid any amounts then due to it in its own capacity pursuant to this Indenture and the provisions of Section 7.06. other Transaction Documents and that remain unpaid.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as such Trustee: (i) with respect to the Indenture Trustee, under Section 6.3(e), or (ii) with respect to the provisions of Argentine Collateral Trustee, under Section 7.08 and eligible under the provisions of Section 7.09. 6.3(f).
(c) Upon acceptance of appointment by any a successor trustee Trustee as provided in this Section 7.11Section, the Company such successor shall mail notice thereof notify each Noteholder of such appointment by first first-class mail (or overnight courier) (with respect to the Holders of Notes a Noteholder, at their its last addresses address as they shall appear in the registerRegister), and shall mail (or overnight courier) a copy of such notice to the Company. If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company6.3(a).
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee appointed as provided in Section 7.10 5.9 shall execute 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 the Notes shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Notes of its predecessor hereunder, with like effect as if originally named as trustee for the Notes hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. 5.6.
(b) Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.10, the Company shall mail give, at its expense, notice thereof by first class mail to the Holders Noteholders as specified in Section 12.4 and, if applicable, to the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the register. If successor trustee and the acceptance address 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 7.10its Corporate Trust Office. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
(c) 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, to the extent operative.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyCompany transmit notice of the succession of such trustee 39 49 hereunder to the Holders of Subordinated Securities in the manner and to the extent provided in subsection (c) of Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute and deliver to the Company IRSA and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to the Securities of such Series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as trustee for the Securities of such Series hereunder; but, nevertheless, on the written request of the Company IRSA or of 11924629 the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company IRSA shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.11, the Company IRSA shall mail give, at its expense, notice thereof by first class mail to the Holders Securityholders as specified in Section 12.5 and the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the registersuccessor trustee and the address of its Corporate Trust Office. 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 7.10. If the Company IRSA fails to mail give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of IRSA. No successor trustee shall accept its appointment unless at the Companytime of such acceptance such successor trustee shall be qualified and eligible under this Article, to the extent operative.
Appears in 1 contract
Samples: Indenture (Cresud Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.9 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall upon being paid the amounts due it under Section 6.6 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property Property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.11 6.10 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 the TIA and eligible under the provisions of Section 7.096.9. Upon acceptance No Trustee under this Indenture shall be personally liable for any action or omission of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes Securities at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 11.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.11, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the registerSecurity Register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Zd Inc)
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 5.9 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.6, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.105.9. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 8.3 shall execute execute, acknowledge and deliver to the Company Holders, the Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon and, subject to Section 8.3, upon the resignation or removal of the predecessor trustee Trustee, such appointment 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 hereunderTrustee herein; butprovided, neverthelesshowever, that the Trustee ceasing to act shall, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaidcharges, the trustee ceasing to act shall 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 trustee Trustee all such the rights, powerspowers and trusts of the retiring Trustee, duties and obligationsshall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor trusteeTrustee, the Company Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. .
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.4 unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as the Trustee under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 8.3(d).
(c) Upon acceptance of appointment by any a successor trustee as provided in this Section 7.118.4, the Company successor trustee shall mail notice thereof notify each Holder of such appointment by first first-class mail to the Holders of Notes (or overnight courier) at their its last addresses address as they shall appear in the registerRegister, and shall mail (or overnight courier) a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company8.3.
Appears in 1 contract
Samples: Indenture (Cementos Pacasmayo Saa)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in Section 7.10 Section 8.3 shall execute execute, acknowledge and deliver to the Company Holders, the Issuer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon and, subject to Section 8.3, upon the resignation or removal of the predecessor trustee Trustee, such appointment 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 hereunderTrustee herein; butprovided, neverthelesshowever, that the Trustee ceasing to act shall, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaidcharges, the trustee ceasing to act shall 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 trustee Trustee all such the rights, powerspowers and trusts of the retiring Trustee, duties and obligationsshall duly assign, transfer and deliver to such successor Trustee all Property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 8.5. Upon written request of any such successor trusteeTrustee, the Company Holders and the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee ceasing to act shallIn the event of a change of Trustee, nevertheless, retain an announcement regarding such a prior claim upon all property change shall be made by or funds held or collected by such trustee to secure any amounts then due it pursuant to on behalf of the provisions of Section 7.06. Issuer through the SGX-ST.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 Section 8.4, unless at the time of such acceptance such successor trustee Trustee shall be qualified eligible to act as the Trustee under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. Section 8.3(d).
(c) Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11Section 8.4, the Company successor trustee shall mail notice thereof notify each Holder of such appointment by first first-class mail to the Holders of Notes (or overnight courier) at their its last addresses address as they shall appear in the registerRegister, and shall mail (or overnight courier) a copy of such notice to the Issuer. If the acceptance of appointment is substantially contemporaneous with the resignationresignation of the previous Trustee, then the notice called for required by the preceding sentence may be combined with the notice called for required by Section 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanySection 8.3.
Appears in 1 contract
Samples: Indenture (Gran Tierra Energy Inc.)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.11 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 6.08 and eligible under the provisions of Section 7.096.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.116.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.106.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Gillette Co)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; , but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.11 6.11 unless at the time of such acceptance such successor trustee shall be qualified under Section 310(b of the provisions Trust Indenture Act of Section 7.08 1939 and eligible under the provisions of Section 7.096.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.116.11, the Company Issuer shall mail give notice thereof (a if any Unregistered Securities are then Outstanding, to the Holders thereof, by first class mail publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, the City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 3.7, at least once in an Authorized Newspaper in Luxembourg, (b if any Unregistered Securities are then Outstanding, to the Holders thereof who have filed their names and addresses with the Trustee, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Issuer for such purpose and (c to the Holders of Notes Registered Securities, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. If the acceptance of appointment is substantially contemporaneous with the resignationregistration, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.106.10. If the Company Issuer fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Tenneco Packaging Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute execute, acknowledge and deliver to the Company Corporation 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Corporation or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.6, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company Corporation shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyCorporation transmit notice of the succession of such trustee hereunder to the Holders of Securities in the manner and to the extent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4.
Appears in 1 contract
Samples: Indenture (Providian Financing Iv)
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 shall execute 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail give notice thereof (a) if any Unregistered Subordinated Securities of a series affected are then Outstanding, to the Holders thereof, by first class mail publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 3.09, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Subordinated Securities of a series affected are then Outstanding, to the Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Company for such purpose) and (c) to the Holders of Notes Registered Subordinated Securities of each series affected, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. 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 7.10. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 6.09 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 6.05, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act and shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and money held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee Trustee to secure any amounts then due to it pursuant to the provisions of Section 7.06. 6.05.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 6.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 6.08.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register13.04. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 7.08 shall execute execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of its charges any such amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.05, execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powerspowers and trusts of the Trustee so ceasing to act, duties and obligationsshall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 7.05.
(b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 7.09 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. 7.07.
(c) Upon acceptance of appointment by any a successor trustee as Trustee, the Issuer shall give notice of the succession of such Trustee hereunder to the Noteholders in the manner provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register12.04. 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 7.10. If the Company Issuer fails to mail give such notice within ten 10 calendar days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Telefonica Del Peru Saa)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute and deliver to the Company and to its the 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the registerNote Register. 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 7.10. If the Company fails to mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Wabash National Corp /De)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 510 shall execute and deliver to the Company and the Guarantor 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company and the Guarantor or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 1206, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company and the Guarantor shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09507. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11511, the Company shall mail notice thereof by first first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the Security register. 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 7.10510. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Vencor Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.10, the Company shall mail give, at its expense, notice thereof by first class mail to the Holders as specified in Section 12.4 and the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the register. If successor trustee and the acceptance address 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 7.10its Corporate Trust Office. If the Company fails to mail give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company. 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, to the extent operative.
Appears in 1 contract
Samples: Indenture (Cresud Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. ---- 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 7.08 and eligible under the ---- provisions of Section 7.09. ---- Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to ---- the Holders of Notes Securities at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to ---- mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute and deliver to the Company APSA and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to the Securities of such Series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as trustee for the Securities of such Series hereunder; but, nevertheless, on the written request of the Company APSA or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company APSA shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.11, the Company APSA shall mail give, at its expense, notice thereof by first class mail to the Holders Securityholders as specified in Section 12.5 and the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the registersuccessor trustee and the address of its Corporate Trust Office. 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 7.10. If the Company APSA fails to mail give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of APSA. No successor trustee shall accept its appointment unless at the Companytime of such acceptance such successor trustee shall be qualified and eligible under this Article, to the extent operative.
Appears in 1 contract
Samples: Indenture (Alto Palermo Sa Apsa)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; , but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 10.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.11 6.11 unless at the time of such acceptance such successor trustee shall be qualified under Section 310(b) of the provisions Trust Indenture Act of Section 7.08 1939 and eligible under the provisions of Section 7.096.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.116.11, the Company Issuer shall mail give notice thereof (a) if any Unregistered Securities are then Outstanding, to the Holders thereof, by first class mail publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, the City of New York and at lease once in an Authorized Newspaper in London (and, if required by Section 3.7, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Securities are then Outstanding, to the Holders thereof who have filed their names and addresses with the trustee, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Issuer for such purpose) and (c) to the Holders of Notes Registered Securities, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. If the acceptance of appointment is substantially contemporaneous with the resignationregistration, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.106.10. If the Company Issuer fails to mail give such 47 notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Tenneco Packaging Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.11 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 8.04, pay over to the successor trustee all moneys monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.08. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.12, the Company Issuer shall mail notice thereof by first class or equivalent mail to the Holders of Notes Noteholders for which such successor trustee is acting as trustee at their last addresses as they shall appear in the registerRegister. 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 7.105.11. If the Company Issuer fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Abn Amro Bank Nv)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute execute, acknowledge and deliver to the Company Corporation 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Corporation or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.6, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company Corporation shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyCorporation transmit notice of the succession of such trustee hereunder to the Holders of Subordinated Securities in the manner and to the extent provided in subsection (c) of Section 5.4 with respect to reports pursuant to subsection (a) of said Section 5.4.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 12.02 shall execute and deliver to the Company Owner Trustee, the Lessee, 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Owner Trustee or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 14.04, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Owner Trustee shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06Article XI. No successor trustee shall accept appointment as provided in this Section 7.11 12.04 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.0912.03. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.1112.04, the Company successor trustee shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerRegister, and shall mail a copy of such notice to the Lessee and the Owner Trustee. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company12.02.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Delta Air Lines Inc /De/)
Acceptance of Appointment by Successor Trustee. (a) Any successor trustee appointed as provided in Section 7.10 5.9 shall execute 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 the Notes shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Notes of its predecessor hereunder, with like effect as if originally named as trustee for the Notes hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. 5.6.
(b) Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.10, the Company shall mail give, at its expense, notice thereof by first class mail to the Holders Noteholders as specified in Section 12.4 and, if applicable, to the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the register. If successor trustee and the acceptance address 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 7.10its Corporate Trust Office. If the Company fails to mail give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
(c) 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 V, to the extent operative.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 hereof shall execute and deliver to the Company Issuer 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 9.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurities Register. If the acceptance of appointment is substantially contemporaneous with the resignation, resignation then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.105.9 hereof. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer. Notwithstanding replacement of the Trustee pursuant to this Section 5.10, the Issuer's obligations under Section 5.6 hereof shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over duly assign, transfer and deliver to the successor trustee all property and moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties and obligationsobligations held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 7.06. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Ohio Casualty Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderTrustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 10.06, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.07. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11Section, the Company shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerNote Register. 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 7.105.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.. 107 113
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 12.02 hereof shall execute and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, in form and substance reasonably satisfactory to the Company, 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 14.04 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06Article XI hereof. No successor trustee shall accept appointment as provided in this Section 7.11 12.04 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.0912.03 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.1112.04, the Company successor trustee shall mail notice thereof by first first-class mail to the Holders of Notes at their last addresses as they shall appear in the registerRegister, and shall mail a copy of such notice to the Company. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company12.02 hereof.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 hereunder shall execute execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunderappointment, 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, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee Trustee hereunder; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, such predecessor Trustee, upon payment of its charges any amounts then unpaid, the trustee ceasing to act shall pay over due it pursuant to the successor trustee all moneys at the time held by it hereunder and provisions of Section 5.07, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights CSK Group, Ltd. Series A Indenture 43 and powers of such rightspredecessor Trustee, powersand shall duly assign, duties transfer and obligationsdeliver to such successor Trustee all property and funds held by such predecessor Trustee hereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, nevertheless shall retain a prior claim Lien upon all property or funds held or collected by such trustee Trustee (except funds held in trust for the benefit of Holders of particular Series A Notes) to secure any amounts then due it pursuant to the provisions of Section 7.065.07. No successor trustee Trustee shall accept appointment as provided in this Section 7.11 5.10 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company5.08.
Appears in 1 contract
Samples: Indenture (CSK Auto Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 hereof shall execute and deliver to the Company Issuer 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 9.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurities Register. If the acceptance of appointment is substantially contemporaneous with the resignation, resignation then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.105.9 hereof. If the Company Issuer fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.to
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 shall execute 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail give notice thereof (a) if any Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, by first class mail publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 3.09, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Securities of a series affected are then Outstanding, to the Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Company for such purpose) and (c) to the Holders of Notes Registered Securities of each series affected, by mailing such notice to such Holders at their last addresses as they shall appear in on the registerregistry books. 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 7.10. If the Company fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.9 hereof shall execute and deliver to the Company Issuer 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 10.4 hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.06. 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 7.08 and eligible under the provisions of Section 7.096.6 hereof. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.116.10, the Company Issuer shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurities Register. If the acceptance of appointment is substantially contemporaneous with the resignation, resignation then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.106.9 hereof. If the Company Issuer fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyIssuer. Notwithstanding replacement of the Trustee pursuant to this Section 6.10, the Issuer's obligations under Section 6.6 hereof shall continue for the benefit of the retiring Trustee.
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute and deliver to the Company Issuer 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall upon being paid the amounts due it under Section 6.6 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property Property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.11 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions pro- visions of Section 7.08 6.8 and eligible under the provisions of Section 7.096.9. Upon acceptance No Trustee under this Indenture shall be personally liable for any action or omission of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Trans World Gaming Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaidall amounts due to the Trustee under Section 7.6, the trustee Trustee ceasing to act shall shall, subject to Section 4.3, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act act, shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in on the registerSecurity Register. 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 7.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Quanta Capital Holdings LTD)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 hereof shall ----------- execute 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 trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall shall, subject to Section 9.4 ----------- hereof, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all appropriate instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a prior claim 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 7.065.6 hereof. 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 7.08 and eligible under the provisions of Section 7.09. ----------- Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company shall mail notice thereof by first first-class mail to the ------------ Holders of Notes at their last addresses as they shall appear in the registerNotes Register. If the acceptance of appointment is substantially contemporaneous with the a resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.105.9 hereof. If the Company fails ----------- to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company. Notwithstanding replacement of the Trustee pursuant to this Section 5.10, ------------ the Company's obligations under Section 5.6 hereof shall continue for the ----------- benefit of the retiring Trustee.
Appears in 1 contract
Samples: Indenture (Edison Mission Energy)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaidall amounts due to the Trustee under Section 7.6, the trustee Trustee ceasing to act shall shall, subject to Section 4.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act act, shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by -49- such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 7.08 7.8 and eligible under the provisions of Section 7.097.9. Upon acceptance of appointment by any successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in on the registerSecurity Register. 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 7.10. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Idaho Power Co)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall pay over shall, upon payment of any amounts then due it pursuant to the successor trustee all moneys at the time held by it hereunder and shall provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all such rights, powers, duties the rights and obligationspowers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.09. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.11, the Company shall mail notice thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the register. 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 7.10. If the Company fails to mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the CompanyCompany transmit notice of the succession of such trustee hereunder to the Holders of Securities in the manner and to the extent provided in subsection (c) of Section 5.04 with respect to reports pursuant to subsection (a) of said Section 5.04.
Appears in 1 contract
Samples: Senior Indenture (Ati Financing Ii)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.10 shall execute and deliver to the Company Bank and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to the Securities of such Series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all rights, powers, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as trustee for the Securities of such Series hereunder; but, nevertheless, on the written request of the Company Bank or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.4, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company Bank shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a prior claim lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.6. Upon acceptance of appointment by any successor trustee as provided in this Section 7.115.11, the Company Bank shall mail give, at its expense, notice thereof by first class mail to the Holders Securityholders as specified in Section 12.5 and the CNV, which notice shall include the name of Notes at their last addresses as they shall appear in the registersuccessor trustee and the address of its Corporate Trust Office. 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 7.10. If the Company Bank fails to mail give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed given at the expense of the CompanyBank. 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, to the extent operative.
Appears in 1 contract
Samples: Indenture (Macro Bank Inc.)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.09 shall execute 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 rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as trustee hereunderherein; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall shall, subject to Section 9.04, 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 trustee all such rights, powers, duties and obligations. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powerspowers and thereafter the predecessor trustee shall have no further obligations under this Indenture. Any trustee ceasing to act shall, nevertheless, retain a prior claim upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 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 7.08 and eligible under the provisions of Section 7.095.06. Upon acceptance of appointment by any a successor trustee as provided in this Section 7.115.10, the Company shall mail notice thereof by first first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the registerSecurity Register. 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 7.105.09. If the Company fails to mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be mailed at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Hanarotelecom Inc)