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

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 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, duties and obligations with respect to such series 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 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 and powers with respect to the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09.

Appears in 13 contracts

Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Biolife Solutions Inc)

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Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 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, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, but nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of all amounts due to the trustee Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 act, shall, nevertheless, retain a prior lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.067.6. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9.

Appears in 5 contracts

Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 8.06 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, 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, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, shall execute and deliver an instrument transferring to such successor trustee all the rights and powers with respect to of the trustee so ceasing to act. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.098.05.

Appears in 4 contracts

Samples: Equipment Trust Agreement (Union Tank Car Co), Equipment Trust Agreement (Union Tank Car Co), Equipment Trust Agreement (Union Tank Car Co)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 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, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; 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 amounts then due it pursuant subject to Section 9.8, 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for to more fully and certainly vesting in and confirming confirm to such successor trustee all such rights rights, powers, duties and powersobligations. 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.6.

Appears in 3 contracts

Samples: Indenture (Cone Mills Corp), Indenture (Cone Mills Corp), Indenture (Cone Mills Corp)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 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, duties and obligations with respect to such series 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 trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.6.

Appears in 3 contracts

Samples: Indenture (Weirton Steel Corp), Indenture (Weirton Steel Corp), Indenture (Weirton Steel Corp)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute, acknowledge execute and deliver to the Company Issuer 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, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; 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 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09.

Appears in 3 contracts

Samples: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 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, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as 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 Trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company such Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.6.

Appears in 2 contracts

Samples: Indenture (Dennys Holdings Inc), Indenture (Dennys Holdings Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute, acknowledge execute and deliver to the Company Issuers 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, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company Issuers or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuers 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09.

Appears in 1 contract

Samples: Indenture (Freeport McMoran Copper & Gold Inc)

Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee appointed as provided in Section 7.10 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, duties and obligations with respect to such series 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 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09Article XI hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 10.03 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and and, subject to the provisions of Section 10.03, 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, 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 at the written request direction of the Company Majority Holders or written request of the successor trustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers with respect to of the trustee Trustee so ceasing to act. Upon written request of any such successor trusteeTrustee, the Company Holders 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, predecessor Trustee shall nevertheless retain a lien 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 the Indenture and shall accept appointment remain liable for any willful misconduct or gross negligence on its part while acting as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09Trustee.

Appears in 1 contract

Samples: Indenture (Cherokee Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute, acknowledge execute and deliver to the Company TLGI and to its predecessor trustee to an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and as such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with when like effect as if originally named as trustee hereinfor such series hereunder; but, nevertheless, on the written request of the Company TLGI or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 8.04, pay over to the provisions of Section 7.06, successor trustee all moneys at time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company XXXX 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.097.

Appears in 1 contract

Samples: Indenture (Loewen Group International Inc)

Acceptance of Appointment by Successor Trustee. (a) Any ---------------------------------------------- successor trustee Trustee appointed as provided in under Section 7.10 8.8 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 Trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the trustee 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 rights, powers and powers with respect trusts of the Trustee so ceasing to the trustee so act, and shall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon written 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 upon all property or funds held or collected by such trustee Trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.098.5.

Appears in 1 contract

Samples: Indenture (Petrobras International Finance Co)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 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 shall become effective and such successor trustee, without any further act, act deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee 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 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.6.

Appears in 1 contract

Samples: Indenture (Advantica Restaurant Group Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 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, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; 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 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09.

Appears in 1 contract

Samples: Indenture (Province Healthcare Co)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 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, 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, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. 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 prior claim upon all property or funds held or collected by such trustee Trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.

Appears in 1 contract

Samples: Indenture (Williams Communications Group Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 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 with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinfor such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.096.

Appears in 1 contract

Samples: Indenture Agreement (Halliburton Co)

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Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in under Section 7.10 4.9 hereof 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 Trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.064.6 hereof, execute and deliver an instrument transferring to such successor trustee Trustee all the rights rights, powers and powers with respect to trusts of the trustee Trustee so ceasing to act. Upon written 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 Lien upon all property or funds held or collected by such trustee Trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.094.6 hereof.

Appears in 1 contract

Samples: Indenture (Bradlees Stores Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in under Section 7.10 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 Trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the trustee 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 rights, powers and powers trusts with respect to such series of the trustee Trustee so ceasing to act. Upon written 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 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 7.069.5. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09.Northeast Generation Company Indenture --------------------------------------

Appears in 1 contract

Samples: Indenture (Northeast Generation Co)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 shall execute, acknowledge execute and deliver to the Company TLGI and to its predecessor trustee to an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and as such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with when like effect as if originally named as trustee hereinfor such series hereunder; but, nevertheless, on the written request of the Company TLGI or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 8.04, pay over to the provisions of Section 7.06, successor trustee all moneys at time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company TLGI 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.097.

Appears in 1 contract

Samples: Indenture (Loewen Group International Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee new Trustee appointed as provided in Section 7.10 pursuant to any of the provisions hereof shall execute, acknowledge and deliver to the Company and to its predecessor trustee Issuer 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, duties powers and obligations with respect to such series trusts of its predecessor hereunder, in the rights hereunder with like effect as if originally named as trustee Trustee herein; but, nevertheless, on nevertheless upon the written request of the Company Issuer or of the successor trusteeTrustee, the trustee Trustee ceasing to act shallact, upon payment of any 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 rights estates, Properties, rights, powers and powers with respect to trusts of the trustee Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the Collateral and monies held by such Trustee to the successor Trustee so appointed in its or his place. Upon written request acceptance of any such appointment by a 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 the provisions of Section 7.06. No successor trustee shall accept appointment Trustee as provided in this Section 7.11 unless at 7.11, the time successor Trustee shall give to the holders of Secured Obligations written notice of the succession of such acceptance such successor trustee Trustee to the trusts hereunder. Neither failure so to mail nor any defect in the notice so mailed shall be qualified under affect the provisions sufficiency of Section 7.08 and eligible under the provisions of Section 7.09proceedings in question.

Appears in 1 contract

Samples: Collateral Trust Indenture, Security and Assignment Agreement (Madison Gas & Electric Co)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 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, duties and obligations with respect to such series 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 trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer and each of the Guarantors 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.6.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.09 other than Regions Bank appointed pursuant to Section 5.09, which appointment shall require no further action by it or the Issuer, 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, duties and obligations with respect to such series 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 trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any 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 rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.06.

Appears in 1 contract

Samples: Indenture (Vitro Sa De Cv)

Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee Trustee appointed as provided in under Section 7.10 4.9 hereof 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 Trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.064.6 hereof, execute and deliver an instrument transferring to such successor trustee Trustee all the rights rights, powers and powers with respect to trusts of the trustee Trustee so ceasing to act. Upon written 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 Lien upon all property or funds held or collected by such trustee Trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.094.6 hereof.

Appears in 1 contract

Samples: Indenture (New Horizons of Yonkers Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 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 shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall, upon payment of any 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 Trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 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 shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.6.

Appears in 1 contract

Samples: Indenture (Ich Corp /De/)

Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 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 and 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 shallsuch predecessor Trustee, upon payment of any 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 rights and powers with respect of such predecessor Trustee, and shall duly assign, transfer and deliver to the trustee so ceasing to actsuch successor Trustee all property and funds held by such predecessor Trustee hereunder. Upon written request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, nevertheless shall retain a lien Lien upon all property or funds held or collected by such trustee Trustee (except funds held in trust for the benefit of Holders of particular Notes) to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.095.07.

Appears in 1 contract

Samples: Indenture (Prime Service Inc)

Acceptance of Appointment by Successor Trustee. (a) Any successor trustee Trustee appointed as provided in under Section 7.10 8.8 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 Trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, the trustee 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 rights, powers and powers with respect trusts of the Trustee so ceasing to the trustee so act, and shall assign, transfer and deliver to such successor Trustee all property and money as may be held by such Trustee ceasing to act. Upon written 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 upon all property or funds held or collected by such trustee Trustee to secure any amounts then due it pursuant to the provisions of Section 7.06. 8.5. (b) No successor trustee Trustee shall accept appointment as provided in this Section 7.11 8.9 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.098.7.

Appears in 1 contract

Samples: Indenture (American Beverage Co Ambev)

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