Common use of Merger, Conversion, Consolidation or Succession to Business of Trustee Clause in Contracts

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 46 contracts

Samples: Indenture (Monroe Capital Income Plus Corp), Indenture and Security Agreement (Blue Owl Technology Finance Corp. II), Indenture (HPS Corporate Lending Fund)

AutoNDA by SimpleDocs

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 9 contracts

Samples: Indenture (BC Partners Lending Corp), Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.), Supplemental Indenture (CM Finance Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization corporation or entity banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization corporation or entity banking association succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization corporation or entity banking association shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 8 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; hereunder (provided that such organization or entity successor shall at all times be otherwise qualified and required to be eligible under this Article VISection 7.08), without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 7 contracts

Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.), Indenture (Resource America, Inc.), Indenture (Resource America, Inc.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 7 contracts

Samples: Indenture (Palmer Square Capital BDC Inc.), Indenture (AB Private Credit Investors Corp), Supplemental Indenture (AB Private Credit Investors Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 6 contracts

Samples: Indenture (Blue Owl Credit Income Corp.), Indenture (AG Twin Brook Capital Income Fund), Indenture (Blue Owl Credit Income Corp.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VIArticle, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 5 contracts

Samples: Indenture (Mid-State Homes Inc), Indenture (Mid State Trust Vi), Indenture (Mid State Trust Vi)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity Person shall be otherwise qualified and eligible under this Article VISeven, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 5 contracts

Samples: Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc), Indenture (Trendwest Resorts Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization corporation or entity banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 5 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Gramercy Capital Corp), Indenture (CBRE Realty Finance Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity Person shall be otherwise qualified and eligible under this Article VISection 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee trustee had itself authenticated such Notes.

Appears in 4 contracts

Samples: Indenture (Taberna Realty Finance Trust), Indenture (Taberna Realty Finance Trust), Indenture (Taberna Realty Finance Trust)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee (which for purposes of this Section 6.11 shall be deemed to be the Trustee) shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Class A Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Class A Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Class A Notes.

Appears in 4 contracts

Samples: Indenture (FS Investment Corp II), Indenture (FS Investment Corp II), Indenture (FS Investment CORP)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee (which for purposes of this Section 6.11 shall be deemed to be the Trustee) shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 4 contracts

Samples: Indenture (FS Energy & Power Fund), Indenture (FS Investment Corp III), Indenture (FS Investment Corp II)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee trustee had itself authenticated such Notes.

Appears in 3 contracts

Samples: Second Supplemental Indenture (Silver Point Specialty Lending Fund), Indenture and Security Agreement (Silver Point Specialty Lending Fund), Indenture (PennantPark Floating Rate Capital Ltd.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under this Article VIthe provisions of Section 7.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case any of the Notes has shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 3 contracts

Samples: Indenture (Spectra Energy Corp.), Indenture (Spectra Energy Partners, LP), Indenture (Louisville Gas & Electric Co /Ky/)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Collateral Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Collateral Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Collateral Trustee, shall be the successor of the Collateral Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has been authenticated, but not delivered, by the Collateral Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Collateral Trustee had itself authenticated such Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Owl Rock Capital Corp), Indenture and Security Agreement (Owl Rock Capital Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes Debt has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes Debt so authenticated with the same effect as if such successor Trustee had itself authenticated such NotesDebt.

Appears in 1 contract

Samples: Indenture (GOLUB CAPITAL BDC, Inc.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization corporation or entity banking association succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (CBRE Realty Finance Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VIArticle, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Asset Investors Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization organization, banking association or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Bain Capital Specialty Finance, Inc.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (MCG Capital Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization corporation or entity banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Marathon Real Estate Finance, Inc.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity Person shall be otherwise qualified and eligible under this Article VIArticle, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Dyncorp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (TPG RE Finance Trust, Inc.)

AutoNDA by SimpleDocs

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified under the provisions of Section 7.8 and eligible under this Article VIthe provisions of Section 7.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case any of the Notes has shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Southwestern Energy Co)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion conversion, or consolidation to which the Trustee shall be is a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VIIndenture (and of the Bank under all of its other capacities under this Indenture, including as Custodian, Registrar, and Paying Agent) without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case If any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion conversion, or consolidation to such the authenticating Trustee may adopt such the authentication and deliver the Notes so authenticated with the same effect as if such the successor Trustee had itself authenticated such the Notes.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has hashave been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Supplemental Indenture (Blue Owl Capital Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes Securities has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such NotesSecurities.

Appears in 1 contract

Samples: Indenture

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity The Trustee is permitted to merge with another Person, and any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; hereunder (provided that such organization or entity successor shall at all times be otherwise qualified and required to be eligible under this Article VISection 7.08), without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (NewStar Financial, Inc.)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee for any Series may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the such Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the such Trustee, shall be the successor of the such Trustee hereunder; , provided that such organization or entity Person shall be otherwise qualified and eligible under this Article VISeven, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the related Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Trendwest Resorts Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that that, such organization or entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Apollo Debt Solutions BDC)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided provided, that such organization or entity corporation shall be otherwise qualified and eligible under this Article VIVII, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Collins & Aikman Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee (which for purposes of this Section 6.11 shall be deemed to be the Trustee) shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Apollo Global Management LLC)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization corporation or entity banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any organization corporation or entity banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Arbor Realty Trust Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that , PROVIDED such organization or entity corporation shall be otherwise qualified and eligible under this Article VIArticle, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Sunterra Corp)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VI6, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Enron International Cpo Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; [, provided that such organization or entity corporation shall be otherwise qualified and eligible under this Article VIand be acceptable to the Insurer, unless an Insurer Default has occurred and is continuing, without the execution or filing of any paper or any further act on the part of any of the parties hereto]. In case any of the Notes has have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

Merger, Conversion, Consolidation or Succession to Business of Trustee. Any organization or entity Person into which the Trustee may be merged or converted or with which it may be consolidated, or any organization or entity Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization or entity corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; , provided that such organization or entity Person shall be otherwise qualified and eligible under this Article VIArticle, without the execution or filing of any paper or any further act on the part of any of the parties hereto, and notice thereof shall be provided by the Trustee to the Noteholders and to the Note Insurer. In case any of the Notes has have been -57- Indenture authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Financial Pacific Co)

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