Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07. (b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates, (ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07. (c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be. (d) 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. (e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 17 contracts
Samples: Indenture (Lucid Diagnostics Inc.), Indenture (Lucid Diagnostics Inc.), Indenture (Nuvve Holding Corp.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Guarantors and to the retiring Trustee an a written instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; , but, on the request of the Company Company, the Guarantors or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an a written instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, hereunder subject nevertheless nonetheless to the lien provided for in Section 7.07.
(b) 607. In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the Guarantors, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Company, the Guarantors or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, Trustee relates subject nevertheless nonetheless to the lien provided for in Section 7.07.
(c) 607. Upon request of any such successor trusteeTrustee, the Company and the Guarantors shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) the first or (b) of this Sectionsecond preceding paragraph, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Article VI. Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the SecurityholdersHolders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 14 contracts
Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.076.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 12 contracts
Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (D & K Healthcare Resources Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Company, or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 11 contracts
Samples: Senior Indenture (Liberty Property Limited Partnership), Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 10 contracts
Samples: Indenture (Prologis Yen Finance LLC), Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee with respect to any or all Trusts an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee with respect to such Trusts 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee in respect of such Trusts hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07.
(b) In case 7.06. Upon request of the appointment hereunder of a any such successor trustee with respect to the Securities of one or more (but not all) seriesTrustee, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment any and which
(i) shall contain all instruments containing such provisions as shall be necessary or desirable to transfer and confirm to, and to vest for more fully and certainly vesting in, such successor Trustee all such rights, powers and trusts. If a successor Trustee is appointed with respect to one or more (but not all) Trusts, the Company, the predecessor Trustee and each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to any Trust shall execute and deliver a supplemental agreement hereto which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those series Trusts as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
(iii) and shall add to or change any of the provisions of this Indenture Basic Agreement and the applicable Trust Supplements as shall be necessary to provide for or facilitate the administration of the trusts Trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture agreement shall constitute such Trustees co-trustees Trustees of the same trust, Trust and that each such Trustee shall be trustee Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) Trusts. No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 9 contracts
Samples: Pass Through Trust Agreement (Northwest Airlines Corp), Pass Through Trust Agreement (Northwest Airlines Inc /Mn), Pass Through Trust Agreement (Northwest Airlines Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject subject, nevertheless to the lien its lien, if any, provided for in Section 7.076.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (aSection 6.11(a) or (b) of this SectionSection 6.11(b), as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 8 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company Company, the Subsidiary Guarantors and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
(ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
(iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph Subsection (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 8 contracts
Samples: Indenture (Tampa DC, LLC), Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07.
(b) 6.07. Upon request of any such successor Trustee, the Company 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. In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
(iii) and shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees, co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 8 contracts
Samples: Indenture (Peabody Energy Corp), Subordinated Indenture (Peabody Energy Corp), Subordinated Indenture (Cottonwood Land Co)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Company, or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 8 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
(ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
(iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 8 contracts
Samples: Indenture (Fusion Fuel Green PLC), Indenture (Fusion Fuel Green PLC), Indenture (NAKED BRAND GROUP LTD)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 8 contracts
Samples: Indenture (New Plan Realty Trust), Indenture (Union Planters Corp), Indenture (Unumprovident Financing Trust Iii)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 7 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Winn Dixie Stores Inc), Indenture (Bay View Capital Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the upon request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in in, and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 7 contracts
Samples: Indenture (Health & Retirement Properties Trust), Indenture (Hospitality Properties Trust), Indenture (Health & Retirement Properties Trust)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 7 contracts
Samples: Indenture (Pseg Energy Holdings Inc), Indenture (Deere John Capital Corp), Indenture (Deere & Co)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 6 contracts
Samples: Subordinated Debt Indenture (NBT Bancorp Inc), Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company Issuer or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07707.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the CompanyObligors, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Ten hereof, wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Issuer or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 5 contracts
Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty Corp)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.076.7.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (ia) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (iib) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iiic) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its lien, if any, provided for in Section 7.076.7.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may betrusts.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this ArticleArticle 6.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 5 contracts
Samples: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of all Securitiesseries, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the its lien provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, after deducting all amounts owed to the extent contemplated by such supplemental indentureretiring Trustee pursuant to Section 607, the all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 5 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so Trustee appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee with respect to all or any applicable series 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 duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shallTrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.06, pay over to the successor Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee Trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder under separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) indentures. Upon acceptance of appointment by a any successor trustee Trustee as provided in this SectionSection 5.12, the Company Issuer shall transmit mail notice of the succession of such trustee hereunder thereof by mail, first first-class postage prepaid, mail to the Securityholders, Holders of any series for which such successor Trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security 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 5.11. If the Issuer fails to transmit mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be transmitted mailed at the expense of the CompanyIssuer.
Appears in 4 contracts
Samples: Indenture (Intuit Inc), Indenture (Intuit Inc), Indenture (Adobe Systems Inc)
Acceptance of Appointment by Successor. (aA) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company Issuer or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(bB) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees Trustee's co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Issuer or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(cC) Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (aA) or (bB) of this Section, as the case may be.
(dD) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Chateau Communities Inc), Indenture (Chateau Communities Inc), Indenture Agreement (Price Development Co Lp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject subject, nevertheless to the lien its lien, if any, provided for in Section 7.076.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 6.11, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Burlington Resources Finance Co), Indenture (El Paso Natural Gas Co), Indenture (Burlington Resources Finance Co)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the written request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on written request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Walgreens Boots Alliance, Inc.), Indenture (RAM Holdings Ltd.), Indenture (Nordstrom Inc)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Meridian Bioscience Inc), Indenture (Ace Ina Holdings Inc), Indenture (Ace Ina Holdings Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon and, thereupon, the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine, wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be are necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed are necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii) shall add to or change any of the provisions of this Indenture as shall be are necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-co- trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Security Capital Group Inc/), Indenture (Security Capital Atlantic Inc), Indenture (Security Capital Group Inc/)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject subject, nevertheless to the lien its lien, if any, provided for in Section 7.076.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (aSection 6.11(a) or (b) of this SectionSection 6.11(b), as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture Agreement (GMX Resources Inc), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee Trustee, an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company Issuer or the successor trusteeTrustee, such retiring Trustee shall, upon upon, payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees Trustee's co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Issuer or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 4 contracts
Samples: Indenture (Crescent Real Estate Equities LTD Partnership), Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust)
Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on . On the request of the Company or and/or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(ia) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
(iib) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
(iiic) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein . Herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; , and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture other than as hereinafter expressly set forth, and each such successor trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c3) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Subordinated Indenture (National City Corp), Subordinated Indenture (National City Corp), Subordinated Indenture (National City Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon and, thereupon, the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine, wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be are necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed are necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii) shall add to or change any of the provisions of this Indenture as shall be are necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-co- trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle and under the Trust Indenture Act.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeodusa Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all Securitiestrustee, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of If a successor trustee is appointed with respect to the Securities Debentures of one or more (but not all) series, the Company, the retiring Trustee trustee and each successor trustee with respect to the Securities Debentures of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee trustee with respect to the Securities Debentures of that or those any series as to which the retiring Trustee predecessor trustee is not retiring shall continue to be vested in the retiring Trusteepredecessor trustee, and
(iii) and shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts trustee hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may beSection 6.12.
(d) No successor trustee shall accept its appointment unless at the time of such acceptance such successor trustee shall be qualified and eligible under this ArticleArticle VI.
(e) Upon acceptance of appointment by a successor trustee as provided in this SectionSection 6.12, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the SecurityholdersDebentureholders of the applicable series, as their names and addresses appear upon the Security Debenture Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (First Merchants Capital Trust I), Indenture (First Merchants Corp), Indenture (First Merchants Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to who which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its chargesany amounts due to it pursuant to the provisions of Section 7.06, promptly execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall promptly and duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall promptly execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
, (ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall promptly and duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit send written notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit send such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted sent at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Repare Therapeutics Inc.), Indenture (Repare Therapeutics Inc.), Indenture (Milestone Pharmaceuticals Inc.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so Trustee appointed as provided in Section 6.10 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee with respect to all or any applicable series 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 duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shallTrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 10.08, pay over to the successor Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee Trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee (upon payment of all outstanding fees and expenses) and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder under separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) indentures. Upon acceptance of appointment by a any successor trustee Trustee as provided in this SectionSection 6.11, the Company Issuer shall transmit mail notice of the succession of such trustee hereunder thereof by mail, first first-class postage prepaid, mail to the Securityholders, Holders of any series for which such successor Trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security 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 transmit mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be transmitted mailed at the expense of the CompanyIssuer.
Appears in 3 contracts
Samples: Trust Indenture (Leidos, Inc.), Indenture (Leidos Holdings, Inc.), Indenture (Leidos Holdings, Inc.)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee Trustee, subject to Section 1003, shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (CNF Transportation Inc), Indenture (CNF Transportation Inc), Indenture (CNF Transportation Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder; provided that all sums owing to the Trustee hereunder have been paid, and subject nevertheless to the lien provided for in Section 7.077.06(b).
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
, (ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates; provided that all sums owing to the Trustee with respect to the Securities or those series to which the appointment of such successor trustee relates have been paid, and subject nevertheless to the lien provided for in Section 7.077.06(b).
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, mail to the Securityholders, as Securityholders (to the extent their respective names and addresses appear upon in the Security Register) or through the facilities of the Depositary. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Freeport-McMoran Inc), Indenture (Freeport-McMoran Inc), Indenture (Freeport McMoran Copper & Gold Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the its lien and claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whicheach
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Pep Boys Manny Moe & Jack), Indenture (Pep Boys Manny Moe & Jack), Indenture (Pep Boys Manny Moe & Jack)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring Trustee its predecessor trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring Trustee 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, trusts duties and duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shall, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.06, pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee and each successor trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder under separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) indentures. Upon acceptance of appointment by a any successor trustee as provided in this SectionSection 5.12, the Company Issuer shall transmit mail notice of the succession of such trustee hereunder thereof by mail, first first-class postage prepaid, mail to the Securityholders, Holders of any series for which such successor trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security 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 5.11. If the Issuer fails to transmit mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted mailed at the expense of the CompanyIssuer.
Appears in 3 contracts
Samples: Indenture (Roper Technologies Inc), Indenture (Roper Industries Inc), Indenture (Roper Industries Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so Trustee appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee with respect to all or any applicable series 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 duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shallTrustee, upon payment of its chargescharges then unpaid, the Trustee ceasing to act shall, subject to Section 9.04, pay over or deliver to the successor Trustee all property 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, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee Trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder under separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) indentures. Upon acceptance of appointment by a any successor trustee Trustee as provided in this SectionSection 5.12, the Company Issuer shall transmit mail notice of the succession of such trustee hereunder thereof by mail, first first-class postage prepaid, mail to the Securityholders, Holders of any series for which such successor Trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security 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 5.11. If the Issuer fails to transmit mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be transmitted mailed at the expense of the CompanyIssuer.
Appears in 3 contracts
Samples: Indenture (Affymetrix Inc), Subordinated Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.7.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.7.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 3 contracts
Samples: Indenture (Safeco Corp), Indenture (Mgic Investment Corp), Indenture (Safeco Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so Trustee appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee with respect to all or any applicable series 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 duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shallTrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.06, pay over to the successor Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee Trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Trustee. Upon acceptance of appointment by a any successor trustee Trustee as provided in this SectionSection 5.12, the Company Issuer shall transmit mail notice of the succession of such trustee hereunder thereof by first-class mail, first class postage prepaid, to the Securityholders, Holders of Securities of any series for which such successor Trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security 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 5.11. If the Issuer fails to transmit mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be transmitted mailed at the expense of the CompanyIssuer.
Appears in 3 contracts
Samples: Indenture (NBCUniversal Media, LLC), Indenture (Comcast Corp), Indenture (NBCUniversal Media, LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
(iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.retiring
Appears in 2 contracts
Samples: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of all Securitiesseries, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, conveyance shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its chargesall sums owed to it, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the its lien provided for in Section 7.07907.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, conveyance shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee Trustee, upon payment of all sums owed to it, shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the its lien provided for in Section 7.07907.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more which fully and certainly vesting vest in and confirming confirm to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph subsection (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Nice Systems LTD), Indenture (Nice Systems LTD)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.7.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.7.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may betrusts.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Guarantors, if applicable, and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; provided, however, that the retiring Trustee shall continue to be entitled to the benefit of Section 606; but, on the request of the Company Company, the Guarantors, if applicable, or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder. Upon request of any such successor Trustee, subject nevertheless the Company and the Guarantors, as the case may be, shall execute any and all instruments for more fully and certainly vesting in and confirming to the lien provided for in Section 7.07such successor Trustee all such rights, powers and trusts.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the Guarantors, if applicable, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto (in a form acceptable to the parties thereto) wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Company, the Guarantors, if applicable, or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates. Whenever there is a successor Trustee with respect to one or more (but less than all) series of securities issued pursuant to this Indenture, subject nevertheless the terms “Indenture” and “Securities” shall have the meanings specified in the provisos to the lien provided for respective definitions of those terms in Section 7.07101 which contemplate such situation.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (WE TV Studios LLC), Indenture (Voom HD Holdings LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee Trustee, an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company Issuer or the successor trusteeTrustee, such retiring Trustee shall, upon upon, payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one that or more those series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees Trustee's co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Issuer or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company Issuer shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07607.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.07607.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or of more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance No Trustee hereunder shall be liable for the acts or omissions of appointment by a any successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the CompanyTrustee.
Appears in 2 contracts
Samples: Indenture (Goodyear Capital Trust I), Indenture (Goodyear Capital Trust I)
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company Depositor and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee with respect to all or any applicable Series shall become effective effective, and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts trusts, duties and duties obligations with respect to such Series of the retiring Trustee; but, on the request of the Company Depositor or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its chargescharges then unpaid, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07.
(b) In case . Upon request of any such successor Trustee, the appointment hereunder of Depositor 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. If a successor trustee Trustee is appointed with respect to the Securities Bonds of one or more (but not all) seriesSeries, the CompanyDepositor, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities Bonds of one or more series any applicable Series shall execute and deliver an indenture agreement supplemental hereto wherein each successor trustee shall accept such appointment and which
(i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities Bonds of that or those series any Series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
(iii) and shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture agreement shall constitute such Trustees co-trustees Trustees of the same trust, trust and that each such Trustee shall be trustee a Trustee of a trust or trusts hereunder under separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) indentures. No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, Article and the Company shall transmit notice Trustee or an Affiliate of the succession Trustee shall be approved by Fannxx Xxx xx Fredxxx Xxx as a seller-servicer of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the CompanyMortgage Loans.
Appears in 2 contracts
Samples: Indenture (Union Planters Mortgage Finance Corp), Indenture (Union Planters Home Equity Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company Corporation and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company Corporation or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, hereunder (subject nevertheless to the lien provided for in Section 7.07.
(b) 607). In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the CompanyCorporation, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Corporation or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) . Upon request of any such successor trusteeTrustee, the Company Corporation shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) the first or (b) of this Sectionsecond preceding paragraph, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Senior Indenture (Sempra Energy), Senior Indenture (San Diego Gas & Electric Co)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company each Issuer and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company an Issuer or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the its claim and lien provided for in Section 7.07606.
(ba) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Companyapplicable Issuer, the applicable Guarantor, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company an Issuer or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the its claim and lien provided for in Section 7.07.
606. Whenever there is a successor Trustee with respect to one or more (cbut less than all) Upon request series of any such successor trusteesecurities issued pursuant to this Indenture, the Company terms “Indenture” and “Securities” shall execute any and all instruments for more fully and certainly vesting have the meanings specified in and confirming to such successor trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, provisos to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit respective definitions of those terms in Section 101 which contemplate such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Companysituation.
Appears in 2 contracts
Samples: Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.06.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(ia) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (iib) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iiic) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees as co-trustees Trustees of the same trust, trust and that each such Trustee shall be trustee Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) . Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 6.09, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle VI.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Franchise Finance Corp of America), Indenture (Franchise Finance Corp of America)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (ia) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (iib) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iiic) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee shall duly assignTrustee, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor trustee relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor Trustee, to the extent contemplated by such supplemental indenture, the property and money held by retiring Trustee hereunder with respect to the securities of that or those series to which the appointment of such successor Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Electron Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and the Guarantor and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the Guarantor or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to Guarantor, the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whichretiring
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or the Guarantor or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company and the Guarantor 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company and the Guarantor shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails and the Guarantor fail to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the CompanyCompany and the Guarantor.
Appears in 2 contracts
Samples: Indenture (Mediaone Finance Trust Ii), Indenture (Mediaone Finance Trust Vi)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder. Any Trustee ceasing to act shall, subject nevertheless nevertheless, retain its prior lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the lien provided for in provisions of Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whichand
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 609, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Bay Apartment Communities Inc), Indenture (Trinet Corporate Realty Trust Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees Trustee co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the to resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien lien, if any, provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.in
Appears in 2 contracts
Samples: Indenture (HomeCare Labs, Inc.), Indenture (Nova Chemicals Corp /New)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so Trustee appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees as co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless subject, nevertheless, to the lien its lien, if any, provided for in Section 7.07607.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Oxy Capital Trust Iii), Indenture (Occidental Petroleum Corp /De/)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon and, thereupon, the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto a Supplemental Indenture, pursuant to Article Nine, wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be are necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed are necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii) shall add to or change any of the provisions of this Indenture as shall be are necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture Supplemental Indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture Supplemental Indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those such series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Security Capital U S Realty), Indenture (Security Capital U S Realty)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so Trustee appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its chargescharges and any other amounts then due to such Trustee under Section 6.07, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) seriesseries (including any initial appointment by the Company in connection with the establishment of the terms of a series as provided in Section 3.01), the Company, the retiring Trustee (except with respect to any initial appointment by the Company in connection with the establishment of the terms of a series as provided in Section 3.01) and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may betrusts.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle and under the Trust Indenture Act.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Indenture (Meritor Electric Vehicles, LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company and to the retiring Trustee its predecessor trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring Trustee 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, trusts duties and duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company or of the successor trustee, such retiring Trustee shall, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.06, pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee is appointed with respect to the Securities of one or more (but not all) series, the Company, the retiring predecessor Trustee and each successor trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Company which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
(iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Subsidiary Guarantors and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) . In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the Subsidiary Guarantors, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whichTrustee
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) . Upon request of any such successor trusteeTrustee, the Company and the Subsidiary Guarantors shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) the first or (b) of this Sectionsecond preceding paragraph, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Subordinated Indenture (Goodrich Petroleum CO LLC), Subordinated Indenture (Shaw Manufacturing & Services Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become became vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or and/or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; , and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture other than as hereinafter expressly set forth, and each such successor trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Senior Indenture (National City Corp), Senior Indenture (National City Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with Trustee in respect to of all Securities, every such successor trustee so Trustee appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 duties, of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder. Upon request of any such successor Trustee, subject nevertheless the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to the lien provided for in Section 7.07.
(b) such successor Trustee all such rights, powers and trusts. In case of the appointment hereunder of a successor trustee with Trustee is appointed in respect to of the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with Trustee in respect to of the Securities of one or more any such series shall execute and deliver an a supplemental indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, powers and trusts and duties of the retiring Trustee with in respect to of the Securities of that or those series to which the appointment of such the successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, powers and trusts and duties of the retiring Trustee with in respect to of the Securities of that or those any series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, Trust and that each such Trustee shall be trustee Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with in respect to of the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with in respect to of the Securities of that or those series to for which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Fortune Brands Inc), Indenture (Fortune Brands Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees Trustees of the same trust, trust and that each such Trustee shall be trustee Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) . Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 6.9, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Leap Wireless International Inc), Indenture (Neurocrine Biosciences Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge execute and deliver to the Company and to the retiring Trustee with respect to any or all Trusts an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee with respect to such Trust or Trusts shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
(iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that such Trust or those series to which the appointment of such successor trustee relatesTrusts; but, on on, request of the Company or any the successor trusteeTrustee, such retiring Trustee shall execute and deliver an instrument transferring to such successor Trustee all such rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money Trustee all Trust Property held by such retiring Trustee hereunder with in respect to the Securities of that or those series to which the appointment of such successor trustee relates, Trusts hereunder (subject nevertheless to the lien its lien, if any, provided for in Section 7.07.
(c) and all books and records, or true, correct and complete copies thereof, held by such retiring Trustee in respect of such Trusts hereunder. Upon request of any such successor trusteeTrustee, the Company Company, the retiring Trustee and such successor Trustee shall execute and deliver any and all instruments containing such provisions as shall be necessary or desirable to transfer and confirm to, and for more fully and certainly vesting in and confirming to in, such successor trustee Trustee all such rights, powers and trusts. If a successor Trustee is appointed with respect to one or more (but not all) Trusts, the Company, the predecessor Trustee and each successor Trustee with respect to any Trust shall execute and deliver a supplemental agreement hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all of the rights, powers, trusts referred and duties of the predecessor Trustee with respect to the Trusts as to which the predecessor Trustee is not retiring shall continue to be vested in paragraph (a) the predecessor Trustee, and shall add to or (b) change any of the provisions of this SectionBasic Agreement and the applicable Trust Supplements as shall be necessary to provide for or facilitate the administration of the Trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental agreement shall constitute such Trustees as co-Trustees of the case may be.
(d) same Trust and that each such Trustee shall be Trustee of separate Trusts. No successor trustee institution shall accept its appointment as a successor Trustee hereunder unless at the time of such acceptance such successor trustee institution shall be qualified and eligible under this ArticleArticle VII.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Pass Through Trust Agreement (Fedex Corp), Pass Through Trust Agreement (Federal Express Corp)
Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the Guarantor, the retiring Trustee and each successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring as to all Outstanding Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c3) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this SectionSection 609, as the case may be.
(d4) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so Trustee appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee with respect to all or any applicable series 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 duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shallTrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.06, pay over to the successor Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee Trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
a written instrument at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees’ co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder under separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) series. Upon acceptance of appointment by a any successor trustee Trustee as provided in this SectionSection 5.12, the Company Issuer shall transmit mail notice of the succession of such trustee hereunder thereof by mail, first first-class postage prepaid, mail to the Securityholders, Holders of any series for which such successor Trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security 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 5.11. If the Issuer fails to transmit mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be transmitted mailed at the expense of the CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (Workday, Inc.), Indenture (Illumina, Inc.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee under this Indenture with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge acknowledge, and deliver to the Company and to the retiring Trustee an instrument accepting such appointment. Upon such delivery, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed deed, or conveyance, shall become vested with all the rights, powers, trusts trusts, and duties of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its chargescharges and all other amounts payable to it hereunder, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer transfer, and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunderunder this Indenture, subject nevertheless to the its lien provided for in Section 7.076.7.
(b) In case of the appointment hereunder under this Indenture of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee Trustee, and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an a supplemental indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts trusts, and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to the Securities of all series, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts trusts, and duties of the retiring Trustee with respect to the Securities of that or 44 those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder under this Indenture by more than one Trustee, it being understood that nothing herein in this Indenture or in such supplemental indenture shall constitute such Trustees co-trustees cotrustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder under this Indenture separate and apart from any trust or trusts hereunder under this Indenture administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, in such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, supplemental indenture and each such successor trusteeTrustee, without any further act, deed deed, or conveyance, shall become vested with all the rights, powers, trusts trusts, and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trustee, and such retiring Trustee shall duly assign, transfer transfer, and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder under this Indenture with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the its lien provided for in Section 7.076.7.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers powers, and trusts referred to in paragraph (a) or and (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee Trustee appointed as provided in Section 8.10 with respect to all Securities, every such successor trustee so appointed Securities shall execute, acknowledge and deliver to the Company and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee shall become effective and such successor trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations of the retiring Trusteeits predecessors 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, such retiring the Trustee shall, upon payment of its charges, ceasing to act shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, rights and trusts powers of the retiring Trustee so ceasing to act. Upon request of any such successor Trustee, the Company shall execute any and shall duly assign, transfer all instruments in writing for more fully and deliver certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any Trustee ceasing to act shall, nevertheless, retain a senior claim upon all property and money or funds held or collected by such retiring Trustee hereunder, subject nevertheless to secure any amounts then due it pursuant to the lien provided for in provisions of Section 7.077.6.
(b) In case of the appointment hereunder of a successor trustee Trustee as provided in Section 7.10 with respect to the Securities of one or more (but not all) series, the Company, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the predecessor Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring predecessor Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring predecessor Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.such
Appears in 2 contracts
Samples: Multiple Series Indenture (Usx Capital Trust I), Multiple Series Indenture (Usx Corp)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.and
Appears in 2 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Inmc Mortgage Holdings Inc), Indenture (Inmc Mortgage Holdings Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Richfood Holdings Inc), Indenture (Richfood Holdings Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Subordinated Note Indenture (Avnet Inc), Senior Note Indenture (Avnet Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every successor trustee with respect to all Securities, every such successor trustee so appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring TrusteeTrustee as if originally named as Trustee hereunder; but, nevertheless, on the written request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its chargescharges pursuant to Section 6.07 then unpaid, such retiring Trustee shall pay over to the successor trustee all moneys, cash equivalents and other property relating thereto at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the such rights, powers, trusts and trusts duties. Upon request of any such successor trustee, the retiring Trustee Company shall execute any and shall duly assign, transfer all instruments for more fully and deliver certainly vesting in and confirming to such successor trustee all property such rights and money held by such retiring Trustee hereunder, subject nevertheless powers. No successor trustee with respect to the lien Securities shall accept appointment as provided for in this Section 7.07.
(b6.11 unless at the time of such acceptance such successor trustee shall be eligible to act as trustee under the provisions of Trust Indenture Act Section 310(a) and this Article VI and shall have a combined capital and surplus of at least $150,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.09. In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees Trustee co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) . Upon acceptance of appointment by a any successor trustee as provided in this SectionSection 6.11, the Company shall transmit give notice thereof to the Holders of the succession of Securities, by mailing such trustee hereunder by mail, first class postage prepaid, notice to the Securityholders, such Holders at their addresses as their names and addresses they shall appear upon on the Security Register. If the acceptance of appointment is substantially contemporaneous with the appointment, then the notice called for by the preceding sentence may be combined with the notice called for by Section 6.10. If the Company fails to transmit give such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted given at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Geo MCF Lp, LLC), Indenture (Geo MCF Lp, LLC)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the Subsidiary Guarantors, if applicable, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Quest Diagnostics Clinical Laboratories Inc /De/), Indenture (Quest Diagnostics Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.06.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(ia) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (iib) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iiic) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees as co-trustees Trustees of the same trust, trust and that each such Trustee shall be trustee Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) . Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 6.09, as the case may be.
(d) . No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle VI.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (Summit Securities Inc /Id/), Indenture (Terra Capital Group)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the its lien and claim, if any, provided for in Section 7.07606.
(ba) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the Guarantor, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(cb) Upon request of any such successor trusteeTrustee, the Company and the Guarantor shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(dc) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 2 contracts
Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (PennyMac Corp.)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the written request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on written request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 10.3 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its claim, if any, provided for in Section 7.076.6.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Senior Indenture (Essent Group Ltd.)
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor -------------------------------------- Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge execute and deliver to the Company Company, the Authorized Agents, and the Indenture Trustees and to the retiring Trustee with respect to any or all Trusts an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee with respect to such Trusts 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money Trust Property held by such retiring Trustee in respect of such Trusts hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07.
(b) In case . Upon request of the appointment hereunder of a any such successor trustee with respect to the Securities of one or more (but not all) series------------ Trustee, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment any and which
(i) shall contain all instruments containing such provisions as shall be necessary or desirable to transfer and confirm to, and to vest for more fully and certainly vesting in, such successor Trustee all such rights, powers and trusts. [2001-1 Pass Through Trust Agreement] If a successor Trustee is appointed with respect to one or more (but not all) Trusts, the Company, the predecessor Trustee and each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to any Trust shall execute and deliver a supplemental agreement hereto which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those series Trusts as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
(iii) and shall add to or change any of the provisions of this Indenture Basic Agreement and the applicable Trust Supplements as shall be necessary to provide for or facilitate the administration of the trusts Trusts hereunder by more than one Trustee, it being . It is understood that nothing herein or in such any supplemental indenture agreement or Trust Supplement shall constitute such Trustees any Trustee a co-trustees Trustee of the same trust, Trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed of one or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) separate Trusts. No successor trustee institution shall accept its appointment as a successor Trustee hereunder unless at the time of such acceptance such successor trustee institution shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security RegisterArticle VII. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.-----------
Appears in 1 contract
Samples: Pass Through Trust Agreement (United Air Lines Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Trustee appointed hereunder of a successor trustee with respect to all Securities, every such successor trustee so appointed shall execute, acknowledge execute and deliver to the Company and to the retiring Trustee with respect to any or all Trusts an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee with respect to such Trust or Trusts shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
(i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates,
(ii) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
(iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that such Trust or those series to which the appointment of such successor trustee relatesTrusts; but, on request of the Company or any the successor trusteeTrustee, such retiring Trustee shall execute and deliver an instrument transferring to such successor Trustee all such rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money Trustee all Trust Property held by such retiring Trustee hereunder with in respect to the Securities of that or those series to which the appointment of such successor trustee relatesTrusts hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07.
(c) 7.07 and all books and records, or true, correct and complete copies thereof, held by such retiring Trustee in respect of such Trusts hereunder. Upon request of any such successor trusteeTrustee, the Company Company, the retiring Trustee and such successor Trustee shall execute and deliver any and all instruments containing such provisions as shall be necessary or desirable to transfer and confirm to, and for more fully and certainly vesting in and confirming to in, such successor trustee Trustee all such rights, powers and trusts. If a successor Trustee is appointed with respect to one or more (but not all) Trusts, the Company, the predecessor Trustee and each successor Trustee with respect to any Trust shall execute and deliver a supplemental agreement hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all of the rights, powers, trusts referred and duties of the predecessor Trustee with respect to the Trusts as to which the predecessor Trustee is not retiring shall continue to be vested in paragraph (a) the predecessor Trustee, and shall add to or (b) change any of the provisions of this SectionBasic Agreement and the applicable Trust Supplements as shall be necessary to provide for or facilitate the administration of the Trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental agreement shall constitute such Trustees as co-Trustees of the case may be.
(d) same Trust and that each such Trustee shall be Trustee of separate Trusts. No successor trustee institution shall accept its appointment as a successor Trustee hereunder unless at the time of such acceptance such successor trustee institution shall be qualified and eligible under this ArticleArticle VII.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Pass Through Trust Agreement (American Airlines Inc)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the written request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a1) or (b2) of this Section, as the case may be.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified under the Trust Indenture Act and eligible under this Article.
(e) Upon acceptance of appointment by . Section 611. Merger, Conversion, Consolidation or Succession to Business. Any Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a successor trustee as provided in this Sectionparty, the Company shall transmit notice or any Corporation succeeding to all or substantially all of the succession corporate trust business of such trustee hereunder by mailthe Trustee, first class postage prepaidshall be the successor of the Trustee hereunder, to without the Securityholders, as their names and addresses appear upon execution or filing of any paper or any further act on the Security Registerpart of any of the parties hereto. If the Company fails to transmit such notice within ten days after acceptance of appointment In case any Securities shall have been authenticated but not delivered by the Trustee then in office, any successor trusteeby merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor trustee shall cause Trustee had itself authenticated such notice to be transmitted at the expense of the CompanySecurities.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto hereto, pursuant to Article Nine hereof, wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is 55 not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Capstone Turbine Corp)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
that shall (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall if the retiring Trustee is not retiring with respect to all Securities, contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may betrusts.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by Article Six. Section 611 Merger, Conversion, Consolidation or Succession to Business. Any Corporation or national banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any Corporation or national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a successor trustee as provided in this Sectionparty, the Company shall transmit notice or any Corporation or national banking association succeeding to all or substantially all of the succession corporate trust business of the Trustee by sale or otherwise, shall be the successor of the Trustee hereunder, provided such trustee hereunder by mailCorporation or national banking association shall otherwise be qualified and eligible under this Article Six, first class postage prepaid, to in each case without the Securityholders, as their names and addresses appear upon execution or filing of any paper or any further act on the Security Registerpart of any of the parties hereto. If the Company fails to transmit such notice within ten days after acceptance of appointment any Securities shall have been authenticated but not delivered by the Trustee then in office, any successor trusteeby merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor trustee shall cause Trustee had itself authenticated such notice to be transmitted at the expense of the CompanySecurities.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts trustee of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money Money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07607. A successor Trustee shall give notice of its succession to each Holder by mailing written notice of such event by first-class mail, postage prepaid, to the Holders of Securities, if any, of such series as their names and addresses appear in the Security Register. Each notice shall include the name of the successor Trustee with respect to the Securities of such series and the address of its Corporate Trust Office.
(b) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) all series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee successor, Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company company or any such successor trusteeTrustee, such retiring Trustee Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor relates and subject to Section 1003, shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money Money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject subject, nevertheless to the lien its lien, if any, provided for in Section 7.076.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the 58 -52- trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 6.11, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver deliver, an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series series, to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to who which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (FNB Corp/Fl/)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so Trustee appointed hereunder shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which(including any initial
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may betrusts.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle and under the Trust Indenture Act.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Rockwell Collins Inc)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whichSubsidiary Guarantors, if 55 63
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Quest Diagnostics Clinical Laboratories Inc /De/)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and whichand
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Deere & Co)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject subject, nevertheless to the lien its lien, if any, provided for in Section 7.076.07.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i) shall contain such provisions as shall be necessary or desirable dxxxx- able to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 6.11, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this ArticleArticle Six.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Energy Partners LTD)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or and/or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whicheach
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; , and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture other than as hereinafter expressly set forth, and each such successor trustee, Trustee without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee with respect to all SecuritiesNotes, every such successor trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company or the successor trustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee all the rights, powers, and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the any prior lien provided for in Section 7.077.06(b).
(b) In case of the appointment hereunder of a successor trustee with respect to the Securities Notes of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities Notes of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which
which shall (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities Notes of that or those series to which the appointment of such successor trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities Notes of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities Notes of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities Notes of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities Notes of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteetrustee or retiring Trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first first-class postage prepaid, to the SecurityholdersNoteholders, as their names and addresses appear upon the Security Note Register. If the Company fails to transmit such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder. Any trustee ceasing to act shall, subject nevertheless nevertheless, retain its prior lien upon all property or funds held or collected by such trustee to secure any amounts then due it pursuant to the lien provided for in provisions of Section 7.07607.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Solutia Inc)
Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor trusteeTrustee, such retiring Trustee shallTrustee, upon payment of its charges, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(b2) In case of Upon the appointment hereunder of a any successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each such successor trustee with respect to the Securities of one or more series Trustee shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each such successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
Trustee and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder; and , and, upon the execution and delivery of such supplemental indenture indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this IndentureIndenture with respect to the Securities of that or those series to which the appointment of such successor Trustee relates other than as hereinafter expressly set forth, and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any such successor trusteeTrustee, such retiring Trustee, upon payment of its charges with respect to the Securities of that or those series to which the appointment of such successor Trustee relates and subject to Section 1003 shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien its lien, if any, provided for in Section 7.07607.
(c3) Upon request of any such Person appointed hereunder as a successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may betrusts.
(d4) No successor trustee Person shall accept its appointment hereunder as a successor Trustee unless at the time of such acceptance such successor trustee Person shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by Article Six. Section 611 Merger, Conversion, Consolidation or Succession to Business. Any Corporation or national banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any Corporation or national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a successor trustee as provided in this Sectionparty, the Company shall transmit notice or any Corporation or national banking association succeeding to all or substantially all of the succession corporate trust business of the Trustee by sale or otherwise, shall be the successor of the Trustee hereunder, provided such trustee hereunder by mailCorporation or national banking association shall otherwise be qualified and eligible under this Article Six, first class postage prepaid, to in each case without the Securityholders, as their names and addresses appear upon execution or filing of any paper or any further act on the Security Registerpart of any of the parties hereto. If the Company fails to transmit such notice within ten days after acceptance of appointment In case any Securities shall have been authenticated but not delivered by the Trustee then in office, any successor trusteeby merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor trustee shall cause Trustee had itself authenticated such notice to be transmitted at the expense of the CompanySecurities.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Deere John Capital Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Any successor trustee with respect to all Securities, every such successor trustee so Trustee appointed as provided in Section 5.11 shall execute, acknowledge execute and deliver to the Company Issuer and to the retiring its predecessor Trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor Trustee with respect to all or any applicable series 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 duties obligations with respect to such series of the retiring Trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, such retiring Trustee shallTrustee, upon payment of its chargescharges then unpaid, the trustee ceasing to act shall, subject to Section 9.06, pay over to the successor Trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee Trustee all the such rights, powers, duties and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.
(b) In case of the appointment hereunder of obligations. If a successor trustee Trustee is appointed with respect to the Securities of one or more (but not all) series, the CompanyIssuer, the retiring predecessor Trustee and each successor trustee Trustee with respect to the Securities of one or more any applicable series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment prepared by and which
at the expense of the Issuer which (i1) shall contain such provisions as shall be deemed necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring predecessor Trustee with respect to the Securities of that or those any series as to which the retiring predecessor Trustee is not retiring shall continue to be vested in the retiring predecessor Trustee, and
and (iii3) shall add to or change any of the provisions of this the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trusteetrustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees trustees co-trustees of the same trust, trust and that each such Trustee trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunder; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trustee, the Company 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 referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) 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.
(e) Trustee. Upon acceptance of appointment by a any successor trustee Trustee as provided in this SectionSection 5.12, the Company Issuer shall transmit or mail notice of the succession of such trustee hereunder thereof by first-class mail, first class postage prepaid, to the Securityholders, Holders of Securities of any series for which such successor Trustee is acting as trustee at their names and last addresses as they shall appear upon in the Security Register; provided that notices given to Holders of Global Securities may be given through the facilities of the Depositary. 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 transmit or mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be transmitted or mailed at the expense of the CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Everett SpinCo, Inc.)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.the
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates, Trustee relates subject nevertheless to the lien its liens provided for in Section 7.07607.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this SectionSection 611, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Company Corporation and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company Corporation or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien provided for in Section 7.07.,
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the CompanyCorporation, the retiring Trustee and each successor trustee Trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee Trustee shall accept such appointment and which
which (i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company Corporation or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trusteeTrustee, to the extent unless contemplated otherwise by such supplemental indenture, the all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates. Whenever there is a successor Trustee with respect to one or more (but less than all) series of securities issued pursuant to this Indenture, subject nevertheless the terms "Indenture" and "Securities" 62 shall have the meanings specified in the provisos to the lien provided for respective definitions of those terms in Section 7.071.1 which contemplate such situation.
(c) Upon request of any such successor trusteeTrustee, the Company Corporation shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
Samples: Indenture (Transalta Corp)
Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor trustee Trustee with respect to all Securities, every such successor trustee so appointed Trustee shall execute, acknowledge and deliver to the Company and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring 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 of the retiring Trustee; but, on the request of the Company or the successor trusteeTrustee, such retiring Trustee shall, upon payment of its charges, execute and deliver an instrument transferring to such successor trustee Trustee all the rights, powers, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to the lien its claim, if any, provided for in Section 7.07606.
(b) In case of the appointment hereunder of a successor trustee Trustee with respect to the Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and whichor
(i1) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor trustee Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates,
, (ii2) if the retiring Trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and
and (iii3) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, trust and that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any act or failure to act on the part of any other Trustee hereunderTrustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall with respect to the Securities of that or those series to which the appointment of such successor trustee relates have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture, therein and each such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates; but, on request of the Company or any successor trusteeTrustee, such retiring Trustee shall duly assign, transfer and deliver to such successor trustee, to the extent contemplated by such supplemental indenture, the Trustee all property and money held by such retiring Trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee Trustee relates, subject nevertheless to the lien provided for in Section 7.07.
(c) Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights, powers and trusts referred to in paragraph (a) or (b) of this Section, as the case may be.
(d) No successor trustee Trustee shall accept its appointment unless at the time of such acceptance such successor trustee Trustee shall be qualified and eligible under this Article.
(e) Upon acceptance of appointment by a successor trustee as provided in this Section, the Company shall transmit notice of the succession of such trustee hereunder by mail, first class postage prepaid, to the Securityholders, as their names and addresses appear upon the Security Register. If the Company fails to transmit such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be transmitted at the expense of the Company.
Appears in 1 contract
