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 44 contracts
Samples: Indenture and Security Agreement (Blue Owl Technology Finance Corp. II), Indenture Agreement (HPS Corporate Lending Fund), Indenture and Security Agreement (Blue Owl Technology 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 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.), Sixth 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 7 contracts
Samples: Indenture (Arbor Realty Trust Inc), Interest Rate Cap Agreement (Arbor Realty Trust Inc), Interest Rate Cap Agreement (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.), Lockbox Intercreditor Agreement (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 (Blue Owl Credit Income Corp.), Indenture and Security Agreement (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: Mid State Trust Vi, Nations Asset Securities Inc, Mid-State Homes 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: Gramercy Real (Gramercy Capital Corp), Cdo Servicing Agreement (Gramercy Capital Corp), Cdo Servicing Agreement (Gramercy Capital 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 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), FS Investment Corp II
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: Taberna Realty Finance Trust, Taberna Realty Finance Trust, Taberna Realty Finance Trust
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 2 contracts
Samples: Note Purchase Agreement (Specialty Trust Inc), Specialty Mortgage 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 corporation or entity national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization corporation or entity national 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 national banking association 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 Securities 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such NotesSecurities.
Appears in 2 contracts
Samples: Indenture (Fleet Capital Trust Ix), Indenture (Commerce Bancorp Inc /Nj/)
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 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 2 contracts
Samples: 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 corporation or entity national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any organization corporation or entity national 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 national banking association 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 Securities 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.Securities
Appears in 1 contract
Samples: Commerce Bancorp Inc /Nj/
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 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: Sunterra 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 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
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
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: 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 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: GOLUB CAPITAL BDC, 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: Indenture and Security Agreement (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: www.rns-pdf.londonstockexchange.com
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 MBIA, unless a MBIA 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 Bonds 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 Bonds so authenticated with the same effect as if such successor Trustee had itself authenticated such NotesBonds.
Appears in 1 contract
Samples: Sequoia Mortgage Funding 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 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: 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 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: Enron International Cpo Inc
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: NewStar Financial, 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: Substitution; Hedge Agreement (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 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
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 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.. Section 6.12
Appears in 1 contract
Samples: Indenture and Security Agreement (Nuveen Churchill Direct Lending 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: Marathon Real Estate 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 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: 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
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.
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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 100 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.
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Samples: Indenture (Arbor Realty Trust Inc)