Common use of Acceptance of Appointment by Successor Clause in Contracts

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all series, 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 all sums owed to it, 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.

Appears in 63 contracts

Samples: Infinity Capital Trust I, Entergy Mississippi Inc, Indenture (Allete Capital Iii)

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Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to the Securities of all seriesSecurities, 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 full payment of all sums owed any amount then due it pursuant to itSection 7.06, 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.

Appears in 38 contracts

Samples: Indenture (Semler Scientific, Inc.), Indenture (Butterfly Network, Inc.), Indenture (Butterfly Network, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee under this Indenture with respect to the Securities of all seriesSecurities, every such successor 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 Trustee, 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 Trustee, such retiring Trustee shall, upon payment of its charges and all sums owed other amounts payable to itit hereunder, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer transfer, and deliver to such successor Trustee all property and money held by such retiring Trustee hereunderunder this Indenture, subject nevertheless to its lien provided for in Section 6.7.

Appears in 33 contracts

Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp), Indenture (Independent Bank Corp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall will execute, acknowledge 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 will become effective and such successor Trustee, without any further act, deed deed, or conveyance, shall will 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 Trustee, such retiring Trustee shallwill, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, and trusts duties of the retiring Trustee and shall will duly assign, transfer transfer, and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 18 contracts

Samples: TrueBlue, Inc., Indenture (Federated Retail Holdings Inc), TrueBlue, Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all series, 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 all sums owed to it, 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.

Appears in 16 contracts

Samples: Indenture (Cleco Corporate Holdings LLC), Florida Power & Light Co, Collateral Agency Agreement (Puget Energy Inc /Wa)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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, with like effect as if originally named Trustee hereunder; but, but on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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. Any Trustee ceasing to act shall, nevertheless, retain a prior lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 607.

Appears in 16 contracts

Samples: Newfield Exploration Co /De/, NGC Corp, Newfield Financial Trust Ii

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 16 contracts

Samples: Indenture (Arch Capital Group Ltd.), Arch Capital Group Ltd., Arch Capital Group (U.S.) Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee under this Indenture with respect to the Securities of all seriesSecurities, every such successor 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 Trustee, 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 Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer transfer, and deliver to such successor Trustee all property and money held by such retiring Trustee hereunderunder this Indenture.

Appears in 15 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Indenture (United Community Banks Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all series, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to it, 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.

Appears in 12 contracts

Samples: Indenture (Txu Europe Funding I L P), Indenture (Txu Eastern Holdongs LTD), Txu Europe Funding I L P

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 hereunder of the retiring Trustee; but, on the request of the Company Company, the Guarantor or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 6.6.

Appears in 11 contracts

Samples: Ace Ina Holdings Inc, Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty US 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 seriesDebentures, 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 all sums owed to itits 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.

Appears in 10 contracts

Samples: Indenture (American Community Bancshares Inc), Crescent Capital Trust I, Southern Community Financial Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, any Guarantor (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 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 any Guarantor (if applicable) or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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 to its lien, if any, provided for in Section 607.

Appears in 10 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 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, if applicable, any Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 9 contracts

Samples: Constellation Energy Partners LLC, DEP Operating Partnership, L.P., Frontier Oil Corp /New/

Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 hereunder of the retiring Trustee; but, on the request of the Company Company, the Guarantor or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 606.

Appears in 9 contracts

Samples: Securities and Guarantee (Apache Corp), Securities and Guarantee (Apache Corp), Apache Finance Canada Corp

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Operating Partnership 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 hereunder of the retiring Trustee; but, on the request of the Company Operating Partnership or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 606.

Appears in 9 contracts

Samples: Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.), Indenture (American Campus Communities Operating Partnership LP)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Debt Securities of all series, 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 all sums owed to it, 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.

Appears in 9 contracts

Samples: Pebblebrook Hotel Trust, North Carolina Natural Gas Corp, Florida Power Corp /

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, to 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 8 contracts

Samples: Aetna Life and Casualty Company (ING U.S., Inc.), Indenture (Aetna Inc), Platinum Underwriters Holdings LTD

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, the Securities of all series, 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 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 Company, any Guarantor (if applicable) or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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 its lien under Section 6.7.

Appears in 8 contracts

Samples: Sun Communities Inc, Sun Communities Operating Limited Partnership, Just Energy Group Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every successor Trustee with respect to appointed hereunder shall meet the Securities requirements of all series, every such successor Trustee so appointed Section 6.8 and shall execute, acknowledge and deliver to the Company Issuer and to the retiring Trustee an instrument accepting such appointment. Upon delivery of the required instruments, 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 trusts, duties and duties obligations of the retiring Trustee; but, on the request of the Company Issuer or a Majority of any Class of Secured Notes or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges then unpaid, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money Money held by such retiring Trustee hereunder. Upon request of any such successor Trustee, the Issuer 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.

Appears in 8 contracts

Samples: Indenture (Golub Capital Private Credit Fund), Indenture (GOLUB CAPITAL BDC, Inc.), MidCap Financial Investment Corp

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 hereunder of the retiring Trustee; but, on the request of the Company Company, the Guarantor or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 606.

Appears in 8 contracts

Samples: Indenture (Thermotrex Corp), Indenture (Thermo Instrument Systems Inc), Thermo Electron Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 hereunder of the retiring Trustee; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts hereunder of the retiring Trustee 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 its lien, if any, provided for in Section 607.

Appears in 7 contracts

Samples: Indenture (American General Finance Inc), Indenture (American General Finance Corp), Indenture (American General Corp /Tx/)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 TrusteeTrustee and the resigning or removed Trustee shall be therefrom deemed released and discharged of the trusts and duties hereunder; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 7 contracts

Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/), Securities Indenture (Western Wireless Corp)

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Operating Partnership 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 hereunder of the retiring Trustee; but, on the request of the Company Operating Partnership or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, if any, provided for in Section 606.

Appears in 7 contracts

Samples: Indenture (American Homes 4 Rent, L.P.), Indenture (Dupont Fabros Technology, Inc.), Dupont Fabros (Rhino Equity 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 seriesNotes, 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 written request of the Company or the successor Trusteetrustee, such retiring Trustee shall, upon payment of all sums owed to itits 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. The trustee shall have no liability or responsibility for the action or inaction of any successor Trustee.

Appears in 6 contracts

Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Greenbrier Companies Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the Guarantor (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 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, if applicable, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 6 contracts

Samples: Indenture (Weatherford International LTD), Weatherford International Inc /New/, Weatherford International LTD

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to the Securities of all seriesSecurities, 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 and all sums owed other amounts payable to itit hereunder, 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 to the lien provided for in Section 8.06(b).

Appears in 5 contracts

Samples: Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications 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 seriesNotes, 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 all sums owed to itits 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. The trustee shall have no liability or responsibility for the action or inaction of any successor Trustee.

Appears in 5 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, 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 hereunder of the retiring Trustee; but, on the written request of the Company or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 10.03, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 6.06.

Appears in 5 contracts

Samples: Partnerre LTD, Indenture (PartnerRe Finance B LLC), Indenture (Partnerre LTD)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesTrustee, 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 all sums owed to it, 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 hereunderhereunder (including all interest in the Class A Bonds), subject nevertheless to its Lien provided for in Section 1007.

Appears in 5 contracts

Samples: Indenture (PPL Electric Utilities Corp), Oncor Electric Delivery Co, Mdu Resources Group Inc

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the 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 Trustee, 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 Company, any Guarantor or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 606.

Appears in 5 contracts

Samples: Indenture (KKR Financial Holdings IV, LLC), Indenture (Brandwein a & Co), Indenture (Brandwein a & Co)

Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 5.03, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 10.05.

Appears in 4 contracts

Samples: Finova Group Inc, Finova Group Inc, Finova Group Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed 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 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 Issuer or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itfees, expenses and indemnification amounts, if any, then due and payable, 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.

Appears in 4 contracts

Samples: Indenture (Cnooc LTD), Indenture (Nexen Inc), Indenture (Nexen Inc)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, the Securities of all series, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Partnership, 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 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 Partnership, any Guarantor (if applicable) or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 4 contracts

Samples: Indenture (Cheniere Energy Partners, L.P.), Indenture (Cheniere Energy Partners, L.P.), Cheniere Energy Partners, L.P.

Acceptance of Appointment by Successor. (a) In the case of the an appointment hereunder of a successor Trustee with respect to the Securities of all seriesDebt 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 all sums owed to itits charges due under Section 607 hereof, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 4 contracts

Samples: Wejo Group LTD, Indenture (Wells Fargo & Co/Mn), Indenture (Fuller H B Co)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities all series of all seriesSecurities, 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 all sums owed its charges due pursuant to itSection 607, 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 hereunderhereunder subject to the lien provided in Section 607.

Appears in 4 contracts

Samples: Indenture (PHH Corp), Indenture (PHH Corp), PHH Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to each of the Company Issuer, 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 upon the request of the Company Issuer, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges upon the terms of this Indenture, 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.

Appears in 4 contracts

Samples: Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica Emisiones, S.A.U.), Indenture (Telefonica Emisiones, S.A.U.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Partnership, the Guarantor (if the Securities are Guaranteed Securities) 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 Partnership, the Guarantor (if the Securities are Guaranteed Securities) or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee 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 its claim, if any, provided for in Section 606.

Appears in 4 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)

Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 605.

Appears in 4 contracts

Samples: Indenture (Advanta Corp), Senior Indenture (Capital One Financial Corp), Senior Indenture (Capital One Financial Corp)

Acceptance of Appointment by Successor. (a) In the case of the an appointment hereunder of a successor Trustee with respect to the Securities of all seriesTrustee, every each such successor Trustee so appointed 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 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 Issuer or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed the amounts then due to itit pursuant to the provisions of Section 6.07, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee 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 its claim, if any, provided for in Section 6.07.

Appears in 4 contracts

Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Matrix Bancorp Inc), Gold Banc Corp 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 seriesSecurities, every such successor Trustee trustee so appointed shall execute, acknowledge and deliver to the Company Issuers 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 Issuers or the successor Trusteetrustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 4 contracts

Samples: Indenture (CyrusOne Foreign Holdings LLC), Indenture (CyrusOne Finance Corp.), Indenture (CyrusOne LP)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every successor Trustee with respect to the Securities of all series, 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 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 or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 4 contracts

Samples: Indenture (CCC Capital Trust Ii), Cablevision Systems Corp, CSC Parent Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all series, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to it, 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.

Appears in 4 contracts

Samples: Indenture (Dqe Capital Corp), Indenture (FPL Group Inc), Dqe Capital Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor 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 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 all sums owed to itits 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.

Appears in 4 contracts

Samples: Indenture (Viking International LTD), Indenture (Viking International LTD), Indenture (Aviall Services Inc)

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the 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 Trustee, 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 Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 1003, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 606.

Appears in 4 contracts

Samples: Indenture (Winn Dixie Logistics Inc), Kb Home, Kb Home

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesDebt Securities, every such successor Trustee so appointed shall will 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 will become effective and such successor Trustee, without any further act, deed or conveyance, shall will become vested with all the rights, powers, trusts and duties hereunder of the retiring Trustee; butprovided, however, that on the request of the Company or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, will execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall and, subject to Section 9.4, will duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 5.7.

Appears in 4 contracts

Samples: Indenture (City Holding Co), Indenture (City Holding Co), Indenture (City Holding Co)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 hereunder of the retiring Trustee; but, on the request of the Company or the successor Trustee, all property and Money held by such retiring Trustee shall, upon payment of all sums owed to itits 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 Money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 605.

Appears in 3 contracts

Samples: Indenture (Questar Market Resources Inc), Indenture (Questar Market Resources Inc), Indenture (Questar Pipeline Co)

Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Subordinated Trustee appointed hereunder of a successor Trustee with respect to the Securities of all series, every such successor Trustee so appointed any series shall execute, acknowledge and deliver to the Company Issuer and to the retiring Subordinated Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Subordinated Trustee shall become effective and such successor Subordinated Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Subordinated Trustee; but, on the request of the Company Issuer or the successor Subordinated Trustee, such retiring Subordinated Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Subordinated Trustee all the rights, powers and trusts of the retiring Subordinated Trustee and shall duly assign, transfer and deliver to such successor Subordinated Trustee all property and money held by such retiring Subordinated Trustee hereunder.

Appears in 3 contracts

Samples: Prudential Subordinated Indenture (Prudential PLC), Indenture (Prudential PLC), Prudential Subordinated Indenture (Prudential PLC)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to the Securities of all seriesSecurities, 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 and all sums owed other amounts payable to itit hereunder, 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 to the lien provided for in Section 12.6(b).

Appears in 3 contracts

Samples: Purchase Agreement (C&d Technologies Inc), Indenture (C&d Technologies Inc), C&d Technologies 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 seriesSecurities, 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 and all sums owed other amounts payable to itit hereunder, 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 to the lien provided for in Section 9.06(b).

Appears in 3 contracts

Samples: Indenture (Blackboard Inc), Indenture (Evergreen Energy Inc), Blackboard Inc

Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Subordinated Trustee appointed hereunder of a successor Trustee with respect to the Securities of all series, every such successor Trustee so appointed any series shall execute, acknowledge and deliver to the Company Issuer and to the retiring Subordinated Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Subordinated Trustee shall become effective and such successor Subordinated Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts trusts, indemnities and duties of the retiring Subordinated Trustee; but, on the request of the Company Issuer or the successor Subordinated Trustee, such retiring Subordinated Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Subordinated Trustee all the rights, powers and trusts of the retiring Subordinated Trustee and shall duly assign, transfer and deliver to such successor Subordinated Trustee all property and money held by such retiring Subordinated Trustee hereunder, subject to the lien provided by Section 6.07.

Appears in 3 contracts

Samples: Indenture (Prudential Funding (Asia) PLC), Prudential Funding, Subordinated Indenture (Prudential PLC)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesDebt 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 all sums owed to itits 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.

Appears in 3 contracts

Samples: Indenture (Telephone & Data Systems Inc), Telephone and Data (Telephone & Data Systems Inc), Kansas City Power (Kansas City Power & Light Co)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all series, 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 all sums owed to it, 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 its lien provided for in Section 907.

Appears in 3 contracts

Samples: Indenture (Txu Energy Co LLC), Indenture (Txu Corp /Tx/), Txu Capital Iv

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities Notes of all series, 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, including rights, title and interest in the Senior Note First Mortgage Bonds; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to it, 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.

Appears in 3 contracts

Samples: Carolina Power & Light Co, Southern Indiana Gas & Electric Co, Carolina Power & Light Co

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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, with like effect as if originally named Trustee hereunder; but, but on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 3 contracts

Samples: Indenture (Baker Hughes Inc), Lone Star Technologies Inc, Lone Star Technologies Inc

Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, 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 hereunder of the retiring Trustee; but, on the request of the Company or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 8.03, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its lien provided for in Section 12.06.

Appears in 3 contracts

Samples: Security and Pledge Agreement (Flag Telecom Holdings LTD), Security and Pledge Agreement (Flag Telecom Holdings LTD), Security and Pledge Agreement (Flag Telecom Holdings LTD)

Acceptance of Appointment by Successor. (a) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 hereunder of the retiring Trustee; Trustee but, on the request of the Company Company, the Guarantor or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 10.03, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 6.07.

Appears in 3 contracts

Samples: Reconciliation And (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal), BBVA International Preferred, S.A. Unipersonal

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company PEC and to the retiring Trustee an instrument accepting such appointment, and thereupon . Thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, 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 PEC or on the Company or request of the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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 such property and money shall continue to be subject to any lien in favor of the retiring Trustee provided for in Section 607.

Appears in 3 contracts

Samples: Pec Funding Trust I, Pec Funding Trust I, Peoples Energy Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, Industries 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, conveyance shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on the request of the Company and Industries or on the request of the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 3 contracts

Samples: Indenture (Nipsco Industries Inc), Indenture (Nipsco Industries Inc), Nipsco Industries Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesRelevant Trustee, every such successor Relevant Trustee so appointed shall execute, acknowledge and deliver to the Company Trust and to the retiring Relevant Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Relevant Trustee shall become effective and such successor Relevant Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Relevant Trustee; but, on the request of the Company Depositor or the successor Relevant Trustee, such retiring Relevant Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Relevant Trustee all the rights, powers and trusts of the retiring Relevant Trustee and shall duly assign, transfer and deliver to such successor Relevant Trustee all property and money held by such retiring Relevant Trustee hereunder.

Appears in 3 contracts

Samples: Trust Agreement (Omnicare Inc), Trust Agreement (Omnicare Capital Trust Ii), Trust Agreement (Omnicare Inc)

Acceptance of Appointment by Successor. (a) In case of Every successor Indenture Trustee appointed under the appointment hereunder of a successor Trustee with respect to the Securities of all series, every such successor Trustee so appointed Indenture shall execute, acknowledge and deliver to the Company Trust and to the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Indenture Trustee; but. Notwithstanding the foregoing, on the request of the Company Trust or the successor Indenture Trustee, such retiring Indenture Trustee shall, upon payment of all sums amounts owed to it, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights, powers and trusts of the retiring Trustee Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunderunder the Indenture.

Appears in 3 contracts

Samples: License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co), License Agreement (Principal Life Insurance Co)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all series, 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; butprovided, however that on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to it, 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.

Appears in 3 contracts

Samples: Indenture (Atlantic City Electric Co), Delmarva Power & Light Co /De/, Atlantic Capital Ii

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Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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 hereunderhereunder provided that all sums owed to the retiring Trustee hereunder have been paid and subject to the lien provided by Section 607 hereof.

Appears in 3 contracts

Samples: Wellman Inc, Wellman Inc, Wellman Inc

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, the 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 Trustee, 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 Company, the Guarantors or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 6.6.

Appears in 3 contracts

Samples: Indenture (Cintas Corp), Indenture (FCC Acquisitions Corp), Performance Materials I Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to all Securities, the Securities of all series, 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 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 Company, any Guarantor (if applicable) or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 3 contracts

Samples: Indenture (Tetra Technologies Inc), Rowan Companies Inc, Tetra Technologies Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor 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 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 Company, any Subsidiary Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 3 contracts

Samples: Key3media Group Inc, Key3media Events Inc, Key3media Events Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every successor Trustee with respect to the Securities of all series, 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 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 or the successor TrusteeTrustee and after payment of all amounts due and payable to such retiring Trustee pursuant to Section 606 (collectively, the "Trustee Payments"), such retiring Trustee shall, upon payment of all sums owed to itany additional charges therefor, 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.

Appears in 3 contracts

Samples: Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp), Atmos Energy Corp

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesTrustee, every such successor Trustee so appointed 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 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 Issuer or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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. Any Trustee ceasing to act shall, 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 provisions of Section 7.07.

Appears in 3 contracts

Samples: Second Supplemental Indenture (Solutia Inc), First Supplemental Indenture (Solutia Inc), Omnova Solutions Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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.. 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

Appears in 3 contracts

Samples: Indenture (Everest Re Group LTD), Indenture (Everest Re Capital Trust Iii), Centerpoint Energy Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesDebt Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, each Parent, Unilever U.S. 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 Company, either Parent or Unilever U.S. or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 3 contracts

Samples: Indenture (Unilever N V), Indenture (Unilever United States Inc), Indenture (Unilever PLC)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 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, if applicable, a Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Weatherford International Ltd./Switzerland), Second Supplemental Indenture (Weatherford International LTD)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed its charges and reimbursement of its expenses (including, reasonable fees and expenses of counsel and agents), if any, to itwhich such retiring Trustee is otherwise legally entitled, 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.

Appears in 2 contracts

Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to the Securities of all seriesDebentures, 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 in full to it of all sums owed amounts it is entitled to itunder this Indenture, including Section 9.7 hereof, 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.

Appears in 2 contracts

Samples: Front Range Capital Trust I, Front Range Capital Trust I

Acceptance of Appointment by Successor. (a) In case of the appointment Every successor Indenture Trustee appointed hereunder of a successor Trustee with respect to the Securities Notes of all series, every such successor Trustee so appointed each series issued hereunder shall execute, acknowledge and deliver to each of the Company and to the retiring Indenture Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Indenture Trustee shall become effective and such the successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powerstrusts, trusts powers and duties of the retiring Indenture Trustee; but. Notwithstanding the foregoing, on the request of the Company or the successor Indenture Trustee, such the retiring Indenture Trustee shall, upon payment of all sums amounts owed to it, execute and deliver an instrument transferring to such the successor Indenture Trustee all the rights, trusts and powers and trusts of the retiring Trustee Indenture Trustee, and shall duly assign, transfer and deliver to such successor Indenture Trustee all property and money held by such retiring Indenture Trustee hereunder.

Appears in 2 contracts

Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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; provided that all sums owing to the Trustee hereunder have been paid, and subject to the lien provided for in Section 7.06(b).

Appears in 2 contracts

Samples: Indenture (Freeport-McMoran Inc), Indenture (Freeport McMoran Copper & Gold Inc)

Acceptance of Appointment by Successor. (a) In the case of the an appointment hereunder of a successor Trustee with respect to the Securities of all seriesDebt Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject to its lien, if any, provided for in Section 707.

Appears in 2 contracts

Samples: Countrywide Home Loans Inc, Countrywide Home Loans Inc

Acceptance of Appointment by Successor. (a) In the case of the an appointment hereunder of a successor Trustee with respect to the Securities of all seriesDebt Securities, every each such successor 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 all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee 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 its claim, if any, provided for in SECTION 6.07.

Appears in 2 contracts

Samples: Hca Inc/Tn, Hca Inc/Tn

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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, and all property and money held by such retiring Trustee hereunder; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed its charges and subject to itany claim provided for in Section 607, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, trusts and trusts duties 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.

Appears in 2 contracts

Samples: Enterprise Financial Services Corp, Park National Corp /Oh/

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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 its claim and lien and its right to receive compensation, reimbursement and indemnity, all as provided for in Section 6.6.

Appears in 2 contracts

Samples: Hologic Inc, Hologic 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 seriesSecurities, 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 and all sums owed other amounts payable to itit hereunder, 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 to the lien provided for in Section 12.06(b).

Appears in 2 contracts

Samples: Indenture (Linear Technology Corp /Ca/), Linear Technology Corp /Ca/

Acceptance of Appointment by Successor. (a) In case --------------------------------------- of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed hereunder shall execute, acknowledge and deliver to each of the Company Issuers 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 any of the Company Issuers or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, trusts and trusts duties of the retiring Trustee Trustee, and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder.

Appears in 2 contracts

Samples: Indenture (Crown Cork & Seal Co Inc), Indenture (Crown Cork & Seal Finance)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee trustee with respect to the Securities of all seriesSecurities, every such successor Trustee 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 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 Guarantor or the successor Trusteetrustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 2 contracts

Samples: Indenture (Mediaone Finance Trust Vi), Indenture (Mediaone Finance Trust Ii)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSenior Notes, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Issuer, 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 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 Issuer, the Guarantors or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute and deliver an a written 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.

Appears in 2 contracts

Samples: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a Every such successor Trustee appointed hereunder with respect to the Securities of all series, every such successor Trustee so appointed any series shall execute, acknowledge and deliver to the Company Company, the Guarantor (in the case of Guaranteed Securities) 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 Company, the Guarantor (in the case of Guaranteed Securities) or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, execute 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.

Appears in 2 contracts

Samples: Ingersoll Rand Co, Ingersoll Rand Co LTD

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 hereunder of the retiring Trustee; but, on the written request of the Company or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, provided for in Section 6.6.

Appears in 2 contracts

Samples: Indenture (Renaissancere Holdings LTD), Renaissancere Holdings LTD

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriestrustee, 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 full payment of all sums owed any amount then due to itit pursuant to Section 7.06, 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, 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, trusts and duties referred to in this Section 7.10.

Appears in 2 contracts

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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. Any Trustee ceasing to act shall, 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 provisions of Section 607.

Appears in 2 contracts

Samples: Indenture (Solutia Inc), Solutia Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to Trustee, the Securities of all series, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Trust 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 the 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 Depositor or the successor Trustee, such the retiring Trustee shall, upon payment of all sums owed to itits expenses by the Depositor, execute and deliver an instrument transferring to such the successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such the successor Trustee all property and money held by such the retiring Trustee hereunder, subject, nevertheless, to the retiring Trustee's prior lien provided for in Section 8.06.

Appears in 2 contracts

Samples: Trust Agreement (Montana Power Co /Mt/), Trust Agreement (Montana Power Capital I)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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, with like effect as if originally named 41 Trustee hereunder; but, but on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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. Any Trustee ceasing to act shall, nevertheless, retain a prior lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of SECTION 6.07.

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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, with like effect as if originally named Trustee hereunder; but, but on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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. Any Trustee ceasing to act shall, nevertheless, retain a prior lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of SECTION 6.07.

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

Acceptance of Appointment by Successor. (a1) In case of the appointment hereunder of a successor Trustee under this Indenture with respect to the Securities of all seriesSecurities, every such successor 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 Trustee, 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 Trustee, such retiring Trustee shall, upon payment of its charges and all sums owed other amounts payable to itit hereunder, execute and deliver an instrument transferring to such successor Trustee all the rights, powers powers, and trusts of the retiring Trustee and shall duly assign, transfer transfer, and deliver to such successor Trustee all property and money held by such retiring Trustee hereunderunder this Indenture, subject nevertheless to its lien provided for in Section 6.7.

Appears in 2 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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, with like effect as if originally named Trustee hereunder; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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.

Appears in 2 contracts

Samples: Health Management Associates Inc, Health Management Associates 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 seriesSecurities, 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 all sums owed any amounts due to itit pursuant to the provisions of Section 7.06, 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.

Appears in 2 contracts

Samples: Indenture (Lakeland Industries Inc), Indenture (Veritone, Inc.)

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSenior Debt Securities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits 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 all property and money held by such retiring Trustee hereunder.

Appears in 2 contracts

Samples: Lloyds TSB Bank PLC, Royal Bank of Scotland Group PLC

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, every such successor 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 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 all sums owed to itits 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.

Appears in 2 contracts

Samples: Indenture (Primero Gas Marketing Co Inc), Primero Gas Marketing Co Inc

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesTrustee, 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 all sums owed to it, 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 its Lien provided for in Section 10.07.

Appears in 2 contracts

Samples: Duke Energy Ohio, Inc., Duke Energy Ohio, Inc.

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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.. 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

Appears in 2 contracts

Samples: Nuevo Energy Co, Marriott International Inc /Md/

Acceptance of Appointment by Successor. (a1) In case of Upon the appointment hereunder of a any successor Trustee with respect to the Securities of all seriesSecurities, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 hereunder of the retiring Trustee; but, on the request of the Company Company, the Guarantor or the such successor Trustee, such retiring Trustee shallTrustee, upon payment of all sums owed to itits charges, shall execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee hereunder, subject nevertheless to its lien, provided for in Section 6.6.

Appears in 2 contracts

Samples: Assured Guaranty (Assured Guaranty US Holdings Inc.), Assured Guaranty LTD

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Securities of Indenture or to all seriesSecurities, 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 TrusteeTrustee and the duties and the obligations of the Trustee under this Indenture and the Securities shall cease and terminate; but, on the request of the Company or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to itits charges, compensation, expenses, disbursements and advances (including, without limitation, its agents and counsel) 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.

Appears in 2 contracts

Samples: Peter Kiewit Sons Inc /De/, Kiewit Materials Co

Acceptance of Appointment by Successor. (a) In case of the appointment hereunder of a successor Trustee with respect to the Debt Securities of all series, every such successor Trustee so appointed shall execute, acknowledge and deliver to the Company Company, 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 Company, the Guarantor or the successor Trustee, such retiring Trustee shall, upon payment of all sums owed to it, 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.

Appears in 2 contracts

Samples: Indenture (Devon Energy Corp/De), Devon Financing Trust Ii

Acceptance of Appointment by Successor. (a) In case of --------------------------------------- the appointment hereunder of a successor Trustee with respect to the Securities of all seriesSecurities, 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 all sums owed to itits 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.

Appears in 2 contracts

Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)

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