Common use of Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee Clause in Contracts

Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Custodian, Registrar and Paying Agent under the Indenture. The Issuers accept the resignation of the Resigning Trustee as Trustee, Custodian, Registrar and Paying Agent under the Indenture. The Issuers hereby appoint the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent under the Indenture. Pursuant to Sections 2.03 and 7.08 of the Indenture, the Issuers hereby acknowledge that, as of the Effective Date (as defined in Section 12 below), the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture as Trustee, Custodian, Registrar and Paying Agent. The Issuers shall execute and deliver such further instruments and shall do such other things as the Successor Trustee may reasonably require so as to more fully and certainly vest in and confirm to the Successor Trustee all the rights, powers, duties and obligations hereby assigned, transferred, delivered and confirmed to the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent. The Issuers waive compliance with any applicable advance notice requirements for resignation and appointment of a successor trustee contained in the Indenture.

Appears in 2 contracts

Samples: Appointment and Acceptance (Memorial Production Partners LP), Appointment and Acceptance (Memorial Production Partners LP)

AutoNDA by SimpleDocs

Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Note Custodian, Registrar and Paying Agent under the Indenture. The Issuers accept the resignation of the Resigning Trustee as Trustee, Note Custodian, Registrar and Paying Agent under the Indenture. The Issuers hereby appoint the Successor Trustee as Trustee, Note Custodian, Registrar and Paying Agent under the Indenture. Pursuant to Sections 2.03 and 7.08 of the Indenture, the The Issuers hereby acknowledge that, as of the Effective Date (as defined in Section 12 below)Date, the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture as Trustee, Note Custodian, Registrar and Paying AgentAgent under the Indenture. The Issuers shall execute and deliver such further instruments and shall do such other things as the Successor Trustee may reasonably require so as to more fully and certainly vest in and confirm to the Successor Trustee all the rights, powers, duties and obligations hereby assigned, transferred, delivered and confirmed to the Successor Trustee as Trustee, Note Custodian, Registrar and Paying Agent. The Issuers waive compliance with any applicable advance notice requirements for resignation and appointment of a successor trustee contained in Agent under the Indenture.

Appears in 1 contract

Samples: Instrument of Resignation, Appointment and Acceptance (Atlas Resource Partners, L.P.)

Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Paying Agent, Custodian, Conversion Agent, Bid Solicitation Agent and Registrar and Paying Agent under the IndentureIndenture effective as of the Effective Date. The Issuers accept Issuer accepts the resignation of the Resigning Trustee as Trustee, Paying Agent, Custodian, Registrar Conversion Agent, Bid Solicitation Agent and Paying Agent under Registrar, and pursuant to Section 10.09 of the Indenture. The Issuers Indenture hereby appoint appoints the Successor Trustee as Trustee, Paying Agent, Custodian, Conversion Agent, Bid Solicitation Agent and Registrar and Paying Agent under the Indenture. Pursuant to Sections 2.03 and 7.08 of the Indenture, the Issuers The Issuer hereby acknowledge acknowledges that, as of the Effective Date (as defined in Section 12 below)Date, the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, trusts, privileges, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture as Trustee, Custodian, Registrar and Paying AgentIndenture. The Issuers shall execute and deliver such further instruments and shall do such other things as Issuer agrees that the Successor Trustee may reasonably require so as shall be entitled to more fully and certainly vest charge fees for the Successor Trustee’s services in and confirm accordance with the fee schedule submitted contemporaneously herewith to the Successor Trustee all the rights, powers, duties and obligations hereby assigned, transferred, delivered and confirmed to Issuer by the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent. The Issuers waive compliance with any applicable advance notice requirements for resignation and appointment of a successor trustee contained in the Indenture.

Appears in 1 contract

Samples: Appointment and Acceptance (Horsehead Holding Corp)

AutoNDA by SimpleDocs

Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Custodian, Registrar and Paying Agent under the Indenture. The Issuers accept Company hereby accepts the resignation of the Resigning Trustee as Trustee, Custodian, Registrar and Paying Agent under the Indenture. The Issuers Company hereby appoint appoints the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent under the Indenture. Pursuant to Sections 2.03 and 7.08 of the Indenture, the Issuers The Company hereby acknowledge acknowledges that, as of the Effective Date (as defined in Section 12 below)Date, the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture as Trustee, Custodian, Registrar and Paying Agent. The Issuers Company shall execute and deliver such further instruments and shall do such other things as the Successor Trustee may reasonably require so as to more fully and certainly vest in and confirm to the Successor Trustee all the rights, powers, duties and obligations hereby assigned, transferred, delivered and confirmed to the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent. The Issuers waive compliance with any applicable advance notice requirements for resignation and appointment of a successor trustee contained in the Indenture.

Appears in 1 contract

Samples: Appointment and Acceptance (Enova International, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!