Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under Section 7.09 shall 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 herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, powers and trusts 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 ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.
Appears in 5 contracts
Samples: Indenture (Grupo TMM Sa), Letter Agreement (Grupo TMM Sa), Grupo (TMM Holdings Sa De Cv)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 4 contracts
Samples: Health Management Associates Inc, Omnicom Group Inc, Omnicom Group Inc
Acceptance of Appointment by Successor Trustee. Any (a) Every successor trustee appointed under as provided in Section 7.09 6.8 shall 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 the rights, powers, trusts, duties and obligations of its predecessor hereunderunder the Indenture, with like effect as if originally named as Trustee hereinindenture trustee under 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 Trustee indenture trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 11.4, pay over to the provisions of Section 7.06, successor indenture trustee all funds at the time held by it under the Indenture and shall execute and deliver an instrument transferring to such successor indenture trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 Trustee Subject to the Lien created under the Indenture, any indenture trustee ceasing to act shall, nevertheless, retain a lien claim upon all property or funds held or collected by such Trustee indenture 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company6.6.
Appears in 4 contracts
Samples: Administrative Services Agreement (Allstate Life Global Funding), Administrative Services Agreement (Allstate Life Insurance Co), Administrative Services Agreement (Allstate Life Insurance Co)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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, trusts, duties and obligations with respect to such Series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the successor trustee shall at the expense of the Company shall give transmit notice of the succession of such trustee hereunder to the Holders of Notes Securities in the manner and to the extent provided in subsection (c) of Section 1.05. If the Company fails 5.04 with respect to give such notice within 10 days after acceptance reports pursuant to subsection (a) of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Companysaid Section 5.04.
Appears in 4 contracts
Samples: Indenture (Chevron Funding Corp), Indenture (Chevron Canada Capital Co), Chevron Canada Capital Co
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (McMoran Exploration Co /De/), Indenture (Freeport McMoran Copper & Gold Inc), Indenture (Xoma LTD /De/)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 11.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Home Depot Inc), Vencor Inc, Home Depot Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; but, but nevertheless, on the written request of the Company Company, the Guarantor or of the successor trustee, upon payment of all amounts due to the Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 4.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 act, shall, nevertheless, retain a prior 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 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes in Securities at their last addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 3 contracts
Samples: Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD, Platinum Underwriters Holdings LTD
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 11.04, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 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 eligible under the Trust Indenture Act and eligible under provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner as provided in this Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee7.11, the successor trustee shall cause such give notice thereof by mailing notice to the Holders of then Outstanding Securities affected at their addresses as they shall appear on the registry books. If the acceptance of appointment is substantially contemporaneous with the resignation, then the notice called for by the preceding sentence may be given at combined with the expense of the Companynotice called for by Section 7.10.
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 under as provided in Section 7.09 5.9 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 9.6, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.9. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant subject to Section 11.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.086.6. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 6.11, the Company shall give give, at its expense, notice of the succession of such trustee hereunder thereof to the Holders of Notes in the manner provided as specified in Section 1.0512.5 and the CNV, which notice shall include the name of the successor trustee and the address of its Corporate Trust Office. If the Company fails to give such notice within 10 ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 10.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Usec Inc), Indenture (Usec Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 payment of any such amounts then due subject to Section 9.4 hereof, pay over the successor trustee all moneys at the time held by it pursuant to the provisions of Section 7.06, hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Securities Register. If the Company 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 5.9 hereof. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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), Indenture (NRG Energy Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under as provided in Section 7.09 6.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee 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 ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over to the provisions of Section 7.06, 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 the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes Trustee shall accept appointment as provided in this Section 6.11 unless at the time of such acceptance such successor trustee Trustee shall with respect to the Notes be qualified under the Trust Indenture Act provisions of Section 6.8 and eligible under the provisions of Section 7.086.9. Upon acceptance of appointment by a successor trusteeTrustee as provided in this Section 6.11, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Security register. If the Company 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 6.10. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be given mailed at the expense of the CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (Congoleum Corp), Indenture (American Biltrite Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; 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, upon payment of any such amounts then due it pursuant subject to Section 10.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 2 contracts
Samples: Williams Communications Group Inc, Williams Communications Group Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 hereintrustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of all amounts due to the Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 4.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 act, shall, nevertheless, retain a lien prior 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 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes in Securities at their last addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 6.10 shall 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 the rights, powers, trusts, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over to the provisions successor trustee all moneys at the time held by it hereunder for the benefit of Section 7.06such applicable series and shall execute, execute acknowledge and deliver an instrument transferring to such successor trustee all the such rights, powers powers, trusts and trusts of the Trustee so ceasing to actduties. 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 trustee ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such Trustee 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act provisions of Section 6.8 and eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a prior 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.11, IRSA shall give, at its expense, notice thereof to the Company Securityholders as specified in Section 12.5 and the CNV, which notice shall give notice include the name of the succession successor trustee and the address of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05its Corporate Trust Office. If the Company IRSA fails to give such notice within 10 ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 2 contracts
Samples: Resmed Inc, Asyst Technologies Inc /Ca/
Acceptance of Appointment by Successor Trustee. Any Every successor trustee appointed under Section 7.09 hereunder shall execute, acknowledge and deliver to the Company Unaffiliated Seller on behalf of the Trust and to its predecessor trustee Trustee an instrument accepting such appointment hereunder and stating its eligibility to serve as Trustee 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company Unaffiliated Seller or of the successor trustee, the such predecessor Trustee ceasing to act shall, upon payment of any such amounts its charges then due it pursuant to the provisions of Section 7.06unpaid, execute and deliver an instrument transferring to such successor trustee all of the rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver to such successor trustee all property and money held by such Trustee so ceasing to act hereunder. Upon request of any such successor trustee, the Company Unaffiliated Seller on behalf of the Trust shall execute 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 powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08trusts. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section, the Company Unaffiliated Seller shall give mail notice of thereof by first-class mail, postage prepaid, to the succession Owners at their last addresses appearing upon the Register. The Unaffiliated Seller shall send a copy of such trustee hereunder notice to the Holders of Notes in the manner provided in Section 1.05Rating Agencies. If the Company Unaffiliated Seller fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.Unaffiliated Seller. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor shall be qualified and eligible under this Article X.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under Section 7.09 as provided in SECTION 5.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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, upon payment of any such amounts then due it pursuant subject to SECTION 9.4 hereof, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time provisions of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08SECTION 5.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this SECTION 5.10, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in Section 1.05Notes Register. If the acceptance of appointment is substantially contemporaneous with a resignation, then the notice called for by the preceding sentence may be combined with the notice called for by SECTION 5.9 hereof. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 Finance Co), Indenture (Edison Mission Energy)
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed under as provided in Section 7.09 12.02 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 14.04 hereof, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to Section 7.06the provisions of Article XI hereof. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 12.04 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified eligible under the Trust Indenture Act and eligible under provisions of Section 7.0812.03 hereof. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner as provided in this Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee12.04, the successor trustee shall cause mail notice thereof by first-class mail to the Holders at their last addresses as they shall appear in the Register, 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 given at combined with the expense of the Companynotice called for by Section 12.02 hereof.
Appears in 2 contracts
Samples: Trust Indenture and Security Agreement (Midway Airlines Corp), Note Purchase Agreement (Midway Airlines Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 hereintrustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of all amounts due to the Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 4.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 act, shall, nevertheless, retain a prior lien upon all property or funds held or collected by -49- such Trustee trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes in Securities at their last addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Idaho Power Co
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Universal Health Services Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee new Trustee appointed under Section 7.09 pursuant to any of the provisions hereof shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee the retiring Trustee an instrument accepting such appointment hereunder, appointment; and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trusteenew Trustee, without any further act, deed or conveyance, shall become vested with all the estates, Properties, rights, powers, trusts, duties powers and obligations trusts of its predecessor hereunder, in the rights hereunder with like effect as if originally named as Trustee hereinherein (including possession of the Notes as Depository); but, nevertheless, on nevertheless upon the written request Written Request of the Company Issuer or of the successor trusteeTrustee, the Trustee ceasing to act shallact, upon payment of any such amounts then fees and expenses due it pursuant to the provisions of Section 7.06it, shall execute and deliver an instrument transferring to such successor trustee Trustee, upon the trusts herein expressed, all the estates, Properties, rights, powers powers, and trusts of the Trustee so ceasing to act. Upon request , and shall duly assign, transfer and deliver any of any such successor trustee, the Company shall execute any Property of the Trust Estate Notes 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 lien upon all property or funds monies held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No the successor trustee with respect to the Notes shall accept appointment as provided Trustee so appointed in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08its or his place. Upon acceptance of appointment by a successor trusteeTrustee as provided in this Section 10.9, the Company successor Trustee shall give to the Owners written notice of the succession of such trustee hereunder Trustee to the Holders of Notes trusts hereunder. Neither failure so to mail nor any defect in the manner provided in Section 1.05. If notice so mailed shall affect the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense sufficiency of the Companyproceedings in question.
Appears in 1 contract
Samples: Castle Brands Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 11.06, pay over to the provisions of Section 7.06, 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 the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Republic Group Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 11.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Security Capital Group Inc/
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a prior 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.11, IRSA shall give, at its expense, notice thereof to the Company Securityholders as specified in Section 12.5 and the CNV, which notice shall give notice include the name of the succession successor trustee and the address of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05its Corporate Trust Office. If the Company IRSA fails to give such notice within 10 ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 6.11 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee; 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, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien prior claim upon all property or funds held or collected by such Trustee trustee to secure any amounts then due or subsequently owing it pursuant to the provisions of Section 7.066.6. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 6.12 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 7.086.10. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 6.12, the Company shall give notice of the succession of such trustee hereunder thereof to the Holders by mailing such notice to such Holders at their addresses as they shall appear on the registry books. If the acceptance of Notes in appointment is substantially contemporaneous with the manner provided in resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 1.056.11. If the Company fails to give such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.
Appears in 1 contract
Samples: Quadramed Corp
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Wabash National Corp /De
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a prior 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.11, APSA shall give, at its expense, notice thereof to the Company Securityholders as specified in Section 12.5 and the CNV, which notice shall give notice include the name of the succession successor trustee and the address of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05its Corporate Trust Office. If the Company APSA fails to give such notice within 10 ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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: Alto Palermo Sa Apsa
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.09 shall 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.06. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes at their last addresses as they shall appear in the manner provided in Section 1.05Note register. If the Company 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 5.09. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 appointed under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the ---- provisions of Section 7.087.09. ---- Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to ---- the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give ---- mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under Section 7.09 hereunder shall 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, trusts and duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the Trustee ceasing to act shallsuch predecessor Trustee, upon payment of any such amounts then due it pursuant to the provisions of Section 7.065.07, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rightsrights CSK Group, Ltd. Series A Indenture 43 and powers of such predecessor Trustee, and trusts of the shall duly assign, transfer and deliver to such successor Trustee so ceasing to actall 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 ceasing to act shall, nevertheless, nevertheless shall retain a lien Lien upon all property or funds held or collected by such 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 with respect to the Notes Trustee shall accept appointment as provided in this Section 5.10 unless at the time of such acceptance such successor trustee Trustee shall with respect to the Notes be qualified eligible under the Trust Indenture Act and eligible under provisions of Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company5.08.
Appears in 1 contract
Samples: CSK Auto Corp
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.10 shall 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 the rights, powers, trusts, trusts and duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over and transfer to the provisions of Section 7.06successor 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 the such rights, powers powers, trusts and trusts of the Trustee so ceasing to actduties. 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 ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such 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 with respect to the Notes Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act provisions of Section 6.8 and eligible under the provisions of Section 7.086.9. Upon acceptance of appointment by a any successor trusteeTrustee as provided in this Section, the Company Issuer shall give notice of the succession of such trustee hereunder thereof to the Holders of Notes in Securities, by mailing such notice to such Holders at their addresses as they shall appear on the manner provided in Section 1.05Security registry books. If the Company 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 6.10. If the Issuer fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Consumers Power Co Financing I
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 12.02 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 14.04 hereof, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien prior claim upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to Section 7.06the provisions of Article XI hereof. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 12.04 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified eligible under the Trust Indenture Act and eligible under provisions of Section 7.0812.03 hereof. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner as provided in this Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee12.04, the successor trustee shall cause mail notice thereof by first-class mail to the Holders at their last addresses as they shall appear in the Register, and shall mail a copy of such notice to be given at the expense of 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 12.02 hereof.
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed under as provided in Section 7.09 5.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 payment of any such amounts then due it pursuant subject to Section 9.4 hereof, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Securities Register. If the Company 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 5.9 hereof. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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: Amerenenergy Generating Co
Acceptance of Appointment by Successor Trustee. Any Every successor trustee appointed under Section 7.09 hereunder shall execute, acknowledge and deliver to the Company Unaffiliated Seller on behalf of the Trust and to its predecessor trustee Trustee an instrument accepting such appointment hereunder and stating its eligibility to serve as Trustee 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company Unaffiliated Seller or of the successor trustee, the such predecessor Trustee ceasing to act shall, upon payment of any such amounts its charges then due it pursuant to the provisions of Section 7.06unpaid, execute and deliver an instrument transferring to such successor trustee all of the rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver to such successor trustee all property and money held by such Trustee so ceasing to act hereunder. Upon request of any such successor trustee, the Company Unaffiliated Seller on behalf of the Trust shall execute 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 powers. Any Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08trusts. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section, the Company Unaffiliated Seller shall give mail notice of thereof by first-class mail, postage prepaid, to the succession Owners at their last addresses appearing upon the Register. The Unaffiliated Seller shall send a copy of such trustee hereunder notice to the Holders of Notes in the manner provided in Section 1.05. Xxxxx'x and S&P. If the Company Unaffiliated Seller fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.Unaffiliated Seller. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor shall be qualified and eligible under this Article X.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations with respect to the Securities of such Series of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a prior 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.11, the Company Bank shall give give, at its expense, notice thereof to the Securityholders as specified in Section 12.5 and the CNV, which notice shall include the name of the succession successor trustee and the address of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05its Corporate Trust Office. If the Company Bank fails to give such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 11.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Zd Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.9 hereof shall execute, acknowledge ----------- 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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, upon payment of any such amounts then due it pursuant subject to Section 9.4 ----------- hereof, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 7.065.6 hereof. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08. ----------- Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the ------------ Holders of Notes at their last addresses as they shall appear in the manner provided in Notes Register. If the acceptance of appointment is substantially contemporaneous with a resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 1.055.9 hereof. If the Company fails ----------- to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 7.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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 shallshall duly assign, upon payment of any such amounts then due it pursuant transfer and deliver to the provisions of Section 7.06, 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 the such rights, powers powers, duties and trusts of the obligations held by such retiring Trustee so ceasing hereunder, subject nevertheless to actits 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 trustee ceasing to act shall, nevertheless, retain a lien 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 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 5.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; 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, upon payment of any such amounts then due it pursuant subject to Section 10.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.07. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.055.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.. 107 113
Appears in 1 contract
Samples: Williams Communications Group Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the Trustee trustee ceasing to act shall, shall upon payment of any such being paid the amounts then due it pursuant under Section 6.6 pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section 6.11 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act pro- visions of Section 6.8 and eligible under the provisions of Section 7.086.9. Upon acceptance No Trustee under this Indenture shall be personally liable for any action or omission of appointment by a any successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 7.10 shall 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 hereintrustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of all amounts due to the Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 12.5, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 act, shall, nevertheless, retain a prior 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 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes in Securities at their last addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 Every successor trustee Trustee appointed under Section 7.09 hereunder shall execute, acknowledge and deliver to the Company Sponsor on behalf of the Trust and to its predecessor trustee Trustee an instrument accepting such appointment hereunder and stating its eligibility to serve as Trustee 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 hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company Sponsor or of the successor trusteeTrustee, the such predecessor Trustee ceasing to act shall, upon payment of any such amounts its charges then due it pursuant to the provisions of Section 7.06unpaid, execute and deliver an instrument transferring to such successor trustee Trustee all of the rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such Trustee so ceasing to act hereunder. Upon request of any such successor trusteeTrustee, the Company Sponsor on behalf of the Trust 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 Upon acceptance of appointment by a successor Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section Section, the Sponsor shall mail notice thereof by first-class mail, postage prepaid, to the Owners at their last addresses appearing upon the Register. The Sponsor shall send a copy of such notice to Moody's, Standard & Poor's and the Certificate Insurer. If the Sponsor 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 Trust. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.this Article X.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1998-3)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 hereintrustee hereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of all amounts due to the Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 4.3, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 act, shall, nevertheless, retain a prior 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 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 7.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes in Securities at their last addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Quanta Capital Holdings LTD
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under Section 7.09 9.8 shall 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 with respect to such series of its predecessor Trustee hereunder, with like effect as if originally named as Trustee 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 any such amounts then due it pursuant to the provisions of Section 7.069.5, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers and trusts with respect to such series of the Trustee so 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 ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.069.5. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Northeast Generation Company Indenture Act and eligible under Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.--------------------------------------
Appears in 1 contract
Samples: Northeast Generation Co
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under as provided in Section 7.09 5.9 shall 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 the rights, powers, trusts, duties and obligations with respect to the Notes of its predecessor hereunder, with like effect as if originally named as Trustee hereinfor 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 ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 8.4, pay over to the provisions of Section 7.06, 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 the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteeTrustee as provided in this Section 5.10, the Company shall give give, at its expense, notice of the succession of such trustee hereunder thereof to the Holders of Notes in the manner provided Noteholders as specified in Section 1.0511.4 (which notice shall include the successor 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 5.9. If the Company fails to give such notice within 10 ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be 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. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the successor trustee shall at the expense of the Company shall give transmit notice of the succession of such trustee hereunder to the Holders of Notes Securities in the manner and to the extent provided in subsection (c) of Section 1.05. If the Company fails 5.04 with respect to give such notice within 10 days after acceptance reports pursuant to subsection (a) of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Companysaid Section 5.04.
Appears in 1 contract
Samples: Ati Financing Ii
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 payment of any such amounts then due it pursuant subject to Section 9.4 hereof, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Securities Register. If the Company 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 5.9 hereof. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 5.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 payment of any such amounts then due subject to Section 9.4 hereof, pay over the successor trustee all moneys at the time held by it pursuant to the provisions of Section 7.06, hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Securities Register. If the Company fails to give such notice within 10 days after acceptance of appointment is substantially contemporaneous with the resignation then the notice called for by the successor trustee, preceding sentence may be combined with the successor trustee shall cause such notice to be given at called for by Section 5.9 hereof. If the expense of the Company.Issuer fails to
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed under as provided in Section 7.09 7.10 shall 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the Company shall give notice thereof (a) if any Unregistered Securities of a series affected are then Outstanding, to the Holders thereof, by 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 succession of Trust Indenture Act, by mailing such trustee hereunder 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 in Registered Securities of each series affected, by mailing such notice to such Holders at their addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.
Appears in 1 contract
Samples: Exodus Communications Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the Company shall give notice thereof (a) if any Unregistered Subordinated Securities of a series affected are then Outstanding, to the Holders thereof, by 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 55 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 succession of Trust Indenture Act, by mailing such trustee hereunder 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 in Registered Subordinated Securities of each series affected, by mailing such notice to such Holders at their addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.
Appears in 1 contract
Samples: Covad Communications Group Inc
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed under as provided in Section 7.09 12.02 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 14.04, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to Section 7.06the provisions of Article XI. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 12.04 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified eligible under the Trust Indenture Act and eligible under provisions of Section 7.0812.03. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner as provided in this Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee12.04, the successor trustee shall cause mail notice thereof by first-class mail to the Holders at their last addresses as they shall appear in the Register, 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 given at combined with the expense of the Companynotice called for by Section 12.02.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Delta Air Lines Inc /De/)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under Section 7.09 as provided in shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien prior claim upon all property or funds held or collected by such Trustee trustee to secure any amounts then due it pursuant to Section 7.06the provisions of . No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act provisions of and eligible under Section 7.08the provisions of . Upon acceptance of appointment by a any successor trusteetrustee as provided in this , the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in Section 1.05Note 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 . If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: McMoran Exploration Co /De/
Acceptance of Appointment by Successor Trustee. Any Every successor trustee Trustee appointed under Section 7.09 hereunder shall execute, acknowledge and deliver to the Company on behalf of the Trust, to the Certificate Insurer and to its predecessor trustee Trustee an instrument accepting such appointment hereunder and stating its eligibility to serve as Trustee 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 hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company Company, the Certificate Insurer or of the successor trusteeTrustee, the such predecessor Trustee ceasing to act shall, upon payment of any such amounts its charges then due it pursuant to the provisions of Section 7.06unpaid, execute and deliver an instrument transferring to such successor trustee Trustee all of the rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such Trustee so ceasing to act hereunder. Upon request of any such successor trusteeTrustee, the Company on behalf of the Trust 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 Upon acceptance of appointment by a successor Trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section Section, the Company shall mail notice thereof by first-class mail, postage prepaid, to the Owners at their last addresses appearing upon the Register and to the Certificate Insurer. The Company shall send a copy of such notice to Moody's and Standard & Poor's. If the Company fails to mail such noticx xxxxxn 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 Trust. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.this Article X.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Alliance Mortgage Co /De/)
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under Section 7.09 hereunder shall 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, trusts and duties and obligations of its predecessor Trustee hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the Trustee ceasing to act shallsuch predecessor Trustee, upon payment of any such amounts then due it pursuant to the provisions of Section 7.065.07, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rightsrights and powers of such predecessor Trustee, powers and trusts of the shall duly assign, transfer and deliver to such successor Trustee so ceasing to actall 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 ceasing to act shall, nevertheless, nevertheless shall retain a lien Lien upon all property or funds held or collected by such 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 with respect to the Notes Trustee shall accept appointment as provided in this Section 5.10 unless at the time of such acceptance such successor trustee Trustee shall with respect to the Notes be qualified eligible under the Trust Indenture Act and eligible under provisions of Section 7.085.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.37
Appears in 1 contract
Samples: CSK Auto Corp
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 510 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 1206, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08507. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 511, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.05510. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under Section 7.09 hereunder shall execute, acknowledge and deliver to the Company and to its predecessor trustee execute an instrument accepting such appointment hereunderand assuming all of the obligations and duties of the predecessor Trustee on the same terms and conditions hereunder and accepting the terms of this Agreement and agreeing that the provisions of this Agreement LITIGATION TRUST AGREEMENT - 9 - shall be binding upon and inure to the benefit of the successor trustee and all of its heirs, and legal and personal representatives, successors and assigns, and thereupon the resignation or removal of the predecessor successor trustee shall become effective and such successor trusteeshall, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts, and duties and obligations of its the predecessor hereunder, Trustee hereunder with like effect as if originally named as Trustee herein; but, nevertheless, on the written request . Role of the Company or Trustee. In furtherance of and consistent with the purpose of the successor trusteeLitigation Trust and the Plan, the Trustee, subject to the terms and conditions contained in this Agreement, in the Plan and in the Confirmation Order, shall have the power to (i) prosecute, compromise and settle, abandon or dismiss for the benefit of the Litigation Trust all Litigation Trust Assets, rights, Avoidance Actions and Causes of Action transferred to the Litigation Trust (whether such suits are brought in the name of the Litigation Trust, the Trustee ceasing to or otherwise), and (ii) otherwise perform the functions and take the actions provided for or permitted in the Plan, in the Confirmation Order or in this Agreement. In all circumstances, the Trustee shall act shall, upon payment of any such amounts then due it pursuant to in the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, powers and trusts best interests of the Trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any Litigation Trust Beneficiaries 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 lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.08. Upon acceptance of appointment by a successor trustee, the Company shall give notice furtherance of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense purpose of the Company.Litigation Trust.
Appears in 1 contract
Samples: Litigation Trust Agreement
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.9 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time field by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuers shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Security register. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.is substantially
Appears in 1 contract
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 payment of any such amounts then due subject to Section 10.4 hereof, pay over the successor trustee all moneys at the time held by it pursuant to the provisions of Section 7.06, hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act 38 43 shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.086.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 6.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Securities Register. If the Company 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 6.9 hereof. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 5.9 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 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 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.10, the Company shall give give, at its expense, notice of the succession of such trustee hereunder thereof to the Holders of Notes in the manner provided as specified in Section 1.0512.4 and the CNV, which notice shall include the name of the successor trustee and the address of its Corporate Trust Office. If the Company fails to give such notice within 10 ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 7.10 shall 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, trusts, duties and obligations with respect to such Series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Corporation or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.067.6, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the Company successor trustee shall give at the expense of the Corporation transmit notice of the succession of such trustee hereunder to the Holders of Notes Subordinated Securities in the manner and to the extent provided in subsection (c) of Section 1.05. If the Company fails 5.4 with respect to give such notice within 10 days after acceptance reports pursuant to subsection (a) of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Companysaid Section 5.4.
Appears in 1 contract
Samples: Providian Financing Iv
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under Section 7.09 8.8 shall 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 herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.068.5, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers and trusts 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 ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to Section 7.068.5. No successor trustee with respect to the Notes Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee Trustee shall with respect to the Notes such series be qualified under the Trust Indenture Act and eligible under Section 7.088.7. Upon acceptance of appointment by a successor trusteeTrustee, the Company shall give notice of the succession of such trustee Trustee hereunder to the Holders of Notes in the manner provided in Section 1.051.6. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be 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 under as provided in Section 7.09 5.9 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 9.6, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.9. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Danbury Pharmacal Puerto Rico Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.09 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee 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, upon payment of any such amounts then due it pursuant subject to Section 9.04, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.06. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in 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 1.055.09. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Hanarotelecom Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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 with respect to such Series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the successor trustee shall at the expense of the Company shall give transmit notice of the succession of such trustee 39 49 hereunder to the Holders of Notes Subordinated Securities in the manner and to the extent provided in subsection (c) of Section 1.05. If the Company fails 5.04 with respect to give such notice within 10 days after acceptance reports pursuant to subsection (a) of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Companysaid Section 5.04.
Appears in 1 contract
Samples: Ati Financing Ii
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 5.11 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; 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, upon payment of any such amounts then due it pursuant subject to Section 10.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.08. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section, the Company shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.055.11. If the Company fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.. 105 112
Appears in 1 contract
Samples: Williams Communications Group Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed under as provided in Section 7.09 5.9. shall execute, acknowledge 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 with respect to the Notes 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 the Notes of its predecessor hereunder, with like effect as if originally named as Trustee hereinfor the Notes 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, upon payment of any such amounts then due it pursuant subject to Section 8.4., pay over to the provisions of Section 7.06, 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 the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 all Trustee al such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.6. Upon acceptance of appointment by a any successor trusteeTrustee as provided in this Section 5.10., the Company Issuer shall give give, at its expense, notice of the succession of such trustee hereunder thereof to the Holders of Notes in the manner provided Noteholders as specified in Section 1.0511.4. (which notice shall include the successor Trustee's Corporate Trust Office) and to the CNV. If the Company 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 5.9. If the Issuer fails to give such notice within 10 ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be given at the expense of the Company.Issuer. 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. Execution copy
Appears in 1 contract
Samples: Indenture (Metrogas Inc)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee hereunder; 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, upon payment of any such amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 lien 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 7.066.06. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 6.11 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 6.11, the Company shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders of Notes at their last addresses as they shall appear in the manner provided in 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 1.056.10. If the Company fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the Company.
Appears in 1 contract
Samples: Gillette Co
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 7.10 shall 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, trusts, duties and obligations with respect to such Series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Corporation or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.067.6, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 7.067.6. 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 Trust Indenture Act provisions of Section 7.8 and eligible under the provisions of Section 7.087.9. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the Company successor trustee shall give at the expense of the Corporation transmit notice of the succession of such trustee hereunder to the Holders of Notes Securities in the manner and to the extent provided in subsection (c) of Section 1.05. If the Company fails 5.4 with respect to give such notice within 10 days after acceptance reports pursuant to subsection (a) of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Companysaid Section 5.4.
Appears in 1 contract
Samples: Indenture (Providian Financing Iv)
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 7.066.6. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 6.11 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under Section 310(b) of the Trust Indenture Act of 1939 and eligible under the provisions of Section 7.086.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 6.11, the Company Issuer shall give notice of thereof (a) if any Unregistered Securities are then Outstanding, to the succession Holders thereof, by publication of such trustee hereunder 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 in Registered Securities, by mailing such notice to such Holders at their addresses as they shall appear on the manner provided in Section 1.05registry books. If the Company acceptance of appointment is substantially contemporaneous with the registration, then the notice called for by the preceding sentence may be combined with the notice called for by Section 6.10. If the Issuer fails to give such 47 notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 5.11 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee hereintrustee 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 8.04, pay over to the provisions of Section 7.06, successor trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.08. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 5.12, the Company Issuer shall give mail notice of the succession of such trustee hereunder 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 manner provided in Section 1.05Register. If the Company 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 5.11. If the Issuer fails to give mail such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Abn Amro Bank Nv
Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed under as provided in Section 7.09 7.10 shall 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the Trustee trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights, rights and powers and trusts of with respect to the Trustee 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 trustee ceasing to act shall, nevertheless, retain a 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 Trust Indenture Act provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 7.11, the Company shall give notice thereof (a) if any Unregistered Subordinated Securities of a series affected are then Outstanding, to the Holders thereof, by 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 succession of Trust Indenture Act, by mailing such trustee hereunder 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 in Registered Subordinated Securities of each series affected, by mailing such notice to such Holders at their addresses as they shall appear on the manner provided in 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 1.057.10. If the Company fails to give such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.
Appears in 1 contract
Samples: Exodus Communications Inc
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.9 hereof shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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 payment of any such amounts then due subject to Section 10.4 hereof, pay over the successor trustee all moneys at the time held by it pursuant to the provisions of Section 7.06, hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.086.6 hereof. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 6.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first-class mail to the Holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Securities Register. If the Company 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 6.9 hereof. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given 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 under as provided in Section 7.09 5.09 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; 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, upon payment of any such amounts then due it pursuant subject to Section 10.06, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act and eligible under Section 7.085.06. Upon acceptance of appointment by a successor trusteetrustee as provided in this Section 5.10, the Company Issuer shall give mail notice of the succession of such trustee hereunder thereof by first class mail to the Holders holders of Notes Securities at their last addresses as they shall appear in the manner provided in Section 1.05Register. If the Company 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 5.09. If the Issuer fails to give mail such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Eco Telecom LTD
Acceptance of Appointment by Successor Trustee. Any successor trustee appointed under as provided in Section 7.09 6.10 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; 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 trustee ceasing to act shall, upon payment of any such amounts then due it pursuant subject to Section 10.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 7.066.6. No successor trustee with respect to the Notes shall accept appointment as provided in this Section 6.11 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under Section 310(b of the Trust Indenture Act of 1939 and eligible under the provisions of Section 7.086.9. Upon acceptance of appointment by a any successor trusteetrustee as provided in this Section 6.11, the Company Issuer shall give notice of thereof (a if any Unregistered Securities are then Outstanding, to the succession Holders thereof, by publication of such trustee hereunder 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 in Registered Securities, by mailing such notice to such Holders at their addresses as they shall appear on the manner provided in Section 1.05registry books. If the Company acceptance of appointment is substantially contemporaneous with the registration, then the notice called for by the preceding sentence may be combined with the notice called for by Section 6.10. If the Issuer fails to give such notice within 10 ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be 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 under as provided in Section 7.09 6.9 shall execute, acknowledge 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 the rights, powers, trusts, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the Trustee trustee ceasing to act shall, shall upon payment of any such being paid the amounts then due it pursuant under Section 6.6 pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers powers, duties and trusts of the Trustee so ceasing to actobligations. 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 trustee ceasing to act shall, nevertheless, retain a lien 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 with respect to the Notes shall accept appointment as provided in this Section 6.10 unless at the time of such acceptance such successor trustee shall with respect to the Notes be qualified under the Trust Indenture Act provisions of the TIA and eligible under the provisions of Section 7.086.9. Upon acceptance No Trustee under this Indenture shall be personally liable for any action or omission of appointment by a any successor trustee, the Company shall give notice of the succession of such trustee hereunder to the Holders of Notes in the manner provided in Section 1.05. If the Company fails to give such notice within 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.
Appears in 1 contract