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

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

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

Acceptance of Appointment by Successor Trustee. The removal, resignation, bankruptcy or insolvency of the Trustee shall not operate to terminate the Trust created by this Trust Agreement or to revoke any existing agency created pursuant to the terms of this Trust Agreement or invalidate any action theretofore taken by the Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such its appointment hereunder and shall deliver one counterpart thereof to each of the other Trustees Company, and, in case of a the Trustee's resignation, to the resigning retiring Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estatesliabilities, propertiesduties, powers, rights, powerstitle, trusts discretion and duties privileges of his or its predecessor in the Trust hereunder with like effect as if originally named therein; but the resigning Trustee. The retiring Trustee shall neverthelessduly assign, when transfer and deliver to such successor all property and money held by such retiring Trustee hereunder and shall, as reasonably requested in writing by the successor Trustee or by the remaining Trusteessuch successor, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estatesliabilities, propertiesduties, powers, rights, powers title, discretion and trusts privileges of such resigning retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by it hereunder.

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

Acceptance of Appointment by Successor Trustee. Any successor Trustee trustee appointed hereunder as provided in Section 6.10 shall execute and deliver to the Issuer and to its predecessor trustee an instrument accepting such appointment hereunder hereunder, and shall deliver one counterpart thereof to each thereupon the resignation or removal of the other Trustees and, in case of a resignation, predecessor trustee with respect to the resigning Trustee. Thereupon all or any applicable series shall become effective and such successor Trustee shalltrustee, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts duties and duties obligations with respect to such series of his or its predecessor in the Trust hereunder hereunder, with like effect as if originally named thereinas trustee for such series hereunder; but the resigning Trustee shall but, nevertheless, when requested in writing by on the written request of the Issuer or of the successor Trustee or trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, subject to Section 10.04, pay over to the successor trustee all moneys at the time held by the remaining Trustees, it hereunder and shall execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, trustee all the estates, properties, such rights, powers and trusts of such resigning Trusteepowers, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by it hereunder.duties and

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

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

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

Acceptance of Appointment by Successor Trustee. Any (a) Every successor Trustee appointed hereunder shall execute execute, acknowledge and deliver to the Issuer, the Borrower and the predecessor Trustee an instrument accepting such appointment hereunder and shall deliver one counterpart thereof to each its appointment. The resignation or removal of the other Trustees andretiring Trustee shall thereupon become effective, in case of a resignation, to and the resigning Trustee. Thereupon such successor Trustee shall, without any further act, deed or conveyance become vested with all the estates, properties, rights, powers, trusts powers and duties of his the predecessor Trustee. Upon the request of the Issuer, the Borrower or its the successor Trustee, the predecessor in the Trust hereunder with like effect as if originally named therein; but the resigning Trustee shall nevertheless, when requested in writing by the successor Trustee or by the remaining Trustees, execute and deliver an instrument or instruments conveying and transferring to such the successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers and trusts duties of such resigning Trusteethe predecessor Trustee under this Indenture, and shall duly assign, transfer transfer, deliver and deliver pay over to such the successor Trustee all the Trust Estate and moneys and other property and money then held by it hereunder.under this Indenture, subject, however, to the lien provided for in Section

Acceptance of Appointment by Successor Trustee. The removal, resignation, bankruptcy or insolvency of the Trustee shall not operate to terminate the Trust created by this Agreement or to revoke any existing agency created pursuant to the terms of this Trust Agreement or invalidate any action theretofore taken by the Trustee. Any successor Trustee appointed hereunder shall execute an instrument accepting such its appointment hereunder and shall deliver one counterpart thereof to each of the other Trustees Beneficiaries, and, in case of a the Trustee's resignation, to the resigning retiring Trustee. Thereupon such successor Trustee shall, without any further act, become vested with all the estatesliabilities, propertiesduties, powers, rights, powerstitle, trusts discretion and duties privileges of his or its predecessor in the Trust hereunder with like effect as if originally named therein; but the resigning Trustee. The retiring Trustee shall neverthelessduly assign, when transfer and deliver to such successor all property and money held by such retiring Trustee hereunder and shall, as reasonably requested in writing by the successor Trustee or by the remaining Trusteessuch successor, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estatesliabilities, propertiesduties, powers, rights, powers title, discretion and trusts privileges of such resigning retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by it hereunder.

Acceptance of Appointment by Successor Trustee. Any In case of the appointment hereunder of a successor Trustee, every such successor Trustee so appointed hereunder shall execute execute, acknowledge and deliver to the Issuer and to the retiring Trustee an instrument accepting such appointment hereunder appointment, and shall deliver one counterpart thereof to each thereupon the resignation or removal of the other Trustees and, in case of a resignation, to the resigning Trustee. Thereupon retiring Trustee shall become effective and such successor Trustee shallTrustee, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts and duties of his the retiring Trustee; provided that, on the request of the Issuer or its predecessor in the Trust hereunder with like effect as if originally named therein; but the resigning Trustee shall nevertheless, when requested in writing by the successor Trustee, such retiring Trustee or by the remaining Trusteesshall, upon payment of its charges, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers and trusts of such resigning Trustee, the retiring Trustee and shall duly assign, transfer and deliver to such successor Trustee all property and money held by it hereunder.such retiring Trustee hereunder or under the Notes.‌

Acceptance of Appointment by Successor Trustee. Any successor Trustee trustee appointed hereunder as provided in Section 7.10 shall execute execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder hereunder, and shall deliver one counterpart thereof to each thereupon the resignation or removal of the other Trustees and, in case of a resignation, to the resigning Trustee. Thereupon predecessor trustee shall become effective and such successor Trustee shalltrustee, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts duties and duties obligations of his or its predecessor in the Trust hereunder hereunder, with like effect as if originally named thereinas trustee hereunder; but the resigning Trustee shall nevertheless, when requested in writing by on the written request of the Company or of the successor trustee, upon payment of all amounts due to the Trustee or under Section 7.6, the Trustee ceasing to act shall, subject to Section 4.4, pay over to the successor trustee all moneys at the time held by the remaining Trustees, it hereunder and shall execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, trustee all the estates, properties, such rights, powers and trusts of such resigning Trusteepowers, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by it hereunder.duties and

Acceptance of Appointment by Successor Trustee. Any successor Trustee trustee appointed hereunder as provided in Section 6.9 hereof shall execute and deliver to the Issuer and to its predecessor Trustee an instrument accepting such appointment hereunder hereunder, and shall deliver one counterpart thereof to each thereupon the resignation or removal of the other Trustees and, in case of a resignation, to the resigning Trustee. Thereupon predecessor Trustee shall become effective and such successor Trustee shalltrustee, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts duties and duties obligations of his or its predecessor in the Trust hereunder hereunder, with like effect as if originally named thereinas trustee herein; but the resigning Trustee shall but, nevertheless, when requested in writing by on the written request of the Issuer or of the successor trustee, upon payment of its charges then unpaid, the Trustee or ceasing to act shall, subject to Section 10.4 hereof, pay over the successor trustee all moneys at the time held by the remaining Trustees, it hereunder and shall execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, trustee all the estates, properties, such rights, powers powers, duties and trusts obligations. Upon request of such resigning Trustee, and shall duly assign, transfer and deliver to any such successor Trustee all property and money held by it hereunder.trustee, the

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

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

Acceptance of Appointment by Successor Trustee. Any Every successor Trustee appointed hereunder shall execute meet the requirements of Section 6.8 and shall execute, acknowledge and deliver to the Co-Issuers and the retiring Trustee an instrument accepting such appointment hereunder and shall deliver one counterpart thereof to each appointment. Upon delivery of the other Trustees andrequired instruments, in case the resignation or removal of a resignation, to the resigning Trustee. Thereupon retiring Trustee shall become effective and such successor Trustee shallTrustee, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts trusts, duties and duties obligations of his the retiring Trustee; provided that, on request of the Co-Issuers or its predecessor in the Trust hereunder with like effect as if originally named therein; but the resigning Trustee shall nevertheless, when requested in writing by a Majority of any Class of Notes or the successor Trustee, such retiring Trustee or by the remaining Trusteesshall, upon payment of its charges then unpaid, execute and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, rights, powers and trusts of such resigning the retiring Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money Money held by it such retiring Trustee hereunder. Upon request of any such successor Trustee, the Co-Issuers shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor Trustee all such rights, powers and trusts.

Acceptance of Appointment by Successor Trustee. Any successor Trustee trustee appointed hereunder as provided in Section 6.10 shall execute execute, acknowledge and deliver to the Issuer and to its predecessor trustee an instrument accepting such appointment hereunder hereunder, and shall deliver one counterpart thereof to each thereupon the resignation or removal of the other Trustees and, in case of a resignation, to the resigning Trustee. Thereupon predecessor trustee shall become effective and such successor Trustee shalltrustee, without any further act, deed or conveyance, shall become vested with all the estates, properties, rights, powers, trusts and duties of his or its predecessor in the Trust hereunder hereunder, with like effect as if originally named thereinas trustee hereunder; but the resigning Trustee shall but, nevertheless, when requested in writing by on the written request of the Issuer or of the successor Trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, subject to Section 10.4, pay over and transfer to the successor Trustee or all moneys and property at the time held by the remaining Trusteesit hereunder and shall execute, execute acknowledge and deliver an instrument or instruments conveying and transferring to such successor Trustee upon the trust herein expressed, all the estates, properties, such rights, powers and trusts of such resigning Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by it hereunder.powers,