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

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 236 contracts

Samples: Indenture (Unicycive Therapeutics, Inc.), Indenture (Unicycive Therapeutics, Inc.), Indenture (Kymera Therapeutics, Inc.)

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Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation Person shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. As soon as practicable, anything herein the successor Trustee shall mail a notice of its succession to the contrary notwithstandingCompany and the Holders of the Securities then Outstanding. In case any 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 165 contracts

Samples: Senior Indenture (Natural Gas Services Group Inc), Subordinated Indenture (Natural Gas Services Group Inc), Senior Indenture (Falcon Aero Holdings LLC)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 157 contracts

Samples: Indenture (WANG & LEE GROUP, Inc.), Indenture (Jayud Global Logistics LTD), Indenture (Qilian International Holding Group LTD)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to or acquiring all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to, or by succession to or acquisition of all or substantially all of the corporate trust business of, such authenticating successor Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 81 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Axos Financial, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 9.9 and eligible under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 60 contracts

Samples: Indenture (First Busey Statutory Trust V), Indenture (Independent Bank Corp /Mi/), Indenture (Wintrust Financial Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 37 contracts

Samples: Indenture (Applied Materials Inc /De), Indenture (Applied Materials Inc /De), Indenture (Singing Machine Co Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation Person shall be qualified under the provisions of Section 7.08 7.09 and eligible under the provisions of Section 7.097.10, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 25 contracts

Samples: Indenture (Lucid Diagnostics Inc.), Indenture (Lucid Diagnostics Inc.), Indenture (Fusion Fuel Green PLC)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation Person shall be qualified under the provisions of Section 7.08 9.9 and eligible under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 25 contracts

Samples: Indenture (Alabama National Bancorporation), Indenture (Great Southern Capital Trust IV), Indenture (San Rafael Bancorp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 7.09 and eligible under the provisions of Section 7.097.10, 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 Securities Bonds 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 Securities Bonds so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesBonds.

Appears in 21 contracts

Samples: Indenture (Phoenix Capital Group Holdings, LLC), Indenture (MCI Income Fund VII, LLC), Indenture (Versity Invest, LLC)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 19 contracts

Samples: Indenture (IPERIONX LTD), Indenture (Piedmont Lithium LTD), Indenture (ADT, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 18 contracts

Samples: Indenture (Amerant Bancorp Inc.), Indenture (Protalix BioTherapeutics, Inc.), Indenture (Protalix BioTherapeutics, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 17 contracts

Samples: Indenture (Berkshire Hathaway Inc), Indenture (Budget Group Inc), Indenture (Cuc International Inc /De/)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 9.9 and eligible under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 16 contracts

Samples: Indenture (Bankunited Capital Iii), Indenture (Metropolitan Financial Corp /Oh/), Indenture (Apab Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee for the Securities of any series may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the such Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the such Trustee, including the administration of the trust created by this Indenture, shall be the successor of the such Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article Six, 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 Securities shall have been authenticated, but not delivered, by the Trustee or the Authenticating Agent for such series then in office, any successor by merger, conversion or consolidation to such authenticating Trustee or Authenticating Agent, as the case may be, may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee or successor Authenticating Agent had itself authenticated such Securities.

Appears in 15 contracts

Samples: Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co), Indenture (Ingersoll Rand Co)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to or acquiring all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to, or by succession to or acquisition of all or substantially all of the corporate trust business of, such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 14 contracts

Samples: Indenture (Know Labs, Inc.), Indenture (Exact Sciences Corp), Indenture (Akoustis Technologies, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 7.09 and eligible under the provisions of Section 7.097.10, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 13 contracts

Samples: Indenture (Human Genome Sciences Inc), Indenture (Duratek Inc), Indenture (Martek Biosciences Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee for the Securities of any series may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the such Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the such Trustee, including the administration of the trust created by this Indenture, shall be the successor of the such Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Trustee or the Authenticating Agent for such series then in office, any successor by merger, conversion or consolidation to such authenticating Trustee or Authenticating Agent, as the case may be, may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee or successor Authenticating Agent had itself authenticated such Securities.

Appears in 13 contracts

Samples: Indenture (Kraft Heinz Co), Indenture (Philip Morris USA Inc.), Indenture (Ingersoll Rand Co LTD)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 9 contracts

Samples: Indenture (Nutrition & Biosciences, Inc.), Indenture (International Flavors & Fragrances Inc), Indenture (Mannkind Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 8 contracts

Samples: Indenture (NTN Buzztime Inc), Indenture (NTN Buzztime Inc), Indenture (Mabvax Therapeutics Holdings, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 7 contracts

Samples: Indenture (Dobson Financing Trust), Indenture (Dobson Financing Trust), Indenture (Mediaone Finance Trust Vi)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 12.8 and eligible under the provisions of Section 7.0912.9, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 6 contracts

Samples: Indenture (Cheniere Energy Inc), Purchase Agreement (C&d Technologies Inc), Indenture (Cheniere Energy Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.097.08, 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 Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 6 contracts

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

Merger, Conversion, Consolidation or Succession to Business. Any corporation or national association into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or national association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or national association succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 6 contracts

Samples: Indenture (Freeport-McMoran Inc), Indenture (Net 1 Ueps Technologies Inc), Indenture (Freeport McMoran Copper & Gold Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the a Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the a Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the a Trustee, including the administration of the trust created by this Indenture, shall be the successor of the such Trustee hereunder, provided that such corporation Person shall be otherwise qualified under the provisions of Section 7.08 and eligible under this Article, including without limitation, the provisions eligibility requirements of Section 7.097.12, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Infrastructure Partners L.P.), Indenture (Brookfield Infrastructure US Holdings I Corp)

Merger, Conversion, Consolidation or Succession to Business. Any Without the execution or filing of any paper or any further act on the part of any of the parties hereto: (1) any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or ; or (2) any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or ; or (3) any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Subordinated Debt Indenture (NBT Bancorp Inc), Subordinated Indenture (Home Bancshares Inc), Subordinated Indenture (Firstmerit Corp /Oh/)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 Debt 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 Debt Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Debt Securities.

Appears in 5 contracts

Samples: Indenture (Peco Energy Co), Indenture (Kansas City Power & Light Co), Indenture (Stanley Works)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, ; provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Senior Indenture (Bowater Inc), Indenture (Bowater Inc), Indenture (Bowater Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Corporation or national banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation or national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Corporation or national banking association succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created Trustee by this Indenturesale or otherwise, shall be the successor of the Trustee hereunder, provided that such corporation Corporation or national banking association shall otherwise be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article 6, in each case 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 Securities shall have been authenticated, authenticated but not delivered, 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, ; provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Senior Indenture (Brighthouse Financial, Inc.), Junior Subordinated Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or other business entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other business entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other business entity succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation or other business entity shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Indenture (Komag Inc /De/), Indenture (Adc Telecommunications Inc), Indenture (Adc Telecommunications Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), by sale or otherwise, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and otherwise eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 5 contracts

Samples: Indenture (Conseco Inc), Indenture (Church & Dwight Co Inc /De/), Indenture (Connetics Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 9.08 and eligible under the provisions of Section 7.0910.09, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 4 contracts

Samples: Indenture (ADT Inc.), Indenture (ADT Inc.), Indenture (ADT Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation entity succeeding to substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation entity shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (Equitable Holdings, Inc.), Indenture (AXA Equitable Holdings, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, ; provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article V, 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 Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor Trustee by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 4 contracts

Samples: Indenture (Agilent Technologies, Inc.), Indenture (Agilent Technologies Inc), Indenture (Agilent Technologies Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 10.9 and eligible under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 4 contracts

Samples: Debenture Indenture (Americredit Capital Trust I), Indenture (American Bank Inc), Indenture (Ifc Capital Trust Ii)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 9.08 and eligible under the provisions of Section 7.099.09, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 3 contracts

Samples: Indenture (Rambus Inc), Indenture (Rambus Inc), Indenture (Rambus Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 6.9 and eligible under the provisions of Section 7.096.10, 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 Securities Debentures of any series 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 Securities Debentures of such series so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 3 contracts

Samples: Indenture (First Merchants Corp), Indenture (First Merchants Corp), Indenture (First Merchants Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 3 contracts

Samples: Indenture (Yelp Inc), Indenture (Yelp Inc), Indenture (Telaria, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation or other entity shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Trustee shall provide the contrary notwithstandingObligors' Agent and each Series Support Provider prompt notice of any such transaction after the completion thereof. In case any Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 3 contracts

Samples: Master Business Receivables Asset Backed Financing Facility Agreement (Advanta Business Services Corp), Master Lease Receivables Asset Backed Financing Facility Agreement (Marlin Business Services Inc), Master Lease Receivables Asset Backed Financing Facility Agreement (Marlin Business Services Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or any other organization or entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or any other organization or entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or any other organization or entity succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation or any other organization or entity shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article VII, 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 Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 3 contracts

Samples: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding Co)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation Person shall be otherwise qualified under the provisions of Section 7.08 and eligible under this Article, including without limitation, the provisions eligibility requirements of Section 7.097.12, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 3 contracts

Samples: Indenture (Brookfield Renewable Partners L.P.), Indenture (Brookfield Renewable Corp), Indenture (BRP Bermuda Holdings I LTD)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Property Trustee or the Delaware Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the such Relevant Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the such Relevant Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Relevant Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article VIII, 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 Trust Securities shall have been authenticated, but not delivered, by the Relevant Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Trust Securities so authenticated with the same effect as if such successor Relevant Trustee had itself authenticated such Trust Securities.

Appears in 2 contracts

Samples: Trust Agreement (Cp&l Energy Inc), Trust Agreement (Great Plains Energy Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 Debt 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 permitted under this Section 7.12 may adopt such authentication and deliver the Debt Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Debt Securities.

Appears in 2 contracts

Samples: Indenture (Exelon Corp), Indenture (Exelon Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the a Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the a Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the a Trustee, including the administration of the trust created by this Indenture, shall be the successor of the such Trustee hereunder, provided that such corporation Person shall be otherwise qualified under the provisions of Section 7.08 and eligible under this Article, including without limitation, the provisions eligibility requirements of Section 7.097.11, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Finance Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion conversion, or consolidation to which the Trustee shall may be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall will be the successor of the Trustee hereunder, provided that such corporation shall be Person is otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article IX, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion conversion, or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Macy's, Inc.), Indenture (Macy's Retail Holdings Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee or the Collateral Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee or the Collateral Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee or Collateral Agent, as applicable, hereunder, ; provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article VII, 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 Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 2 contracts

Samples: Indenture (L Brands, Inc.), Indenture (US Foods Holding Corp.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation corporation, association or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation corporation, association or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, ipso facto shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, hereto notwithstanding anything herein to the contrary notwithstandingcontrary. In case any 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 Debt 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 Debt Securities so authenticated with the same effect as if such successor Trustee trustee had itself authenticated such Debt Securities.

Appears in 2 contracts

Samples: Indenture (Illinois Power Co), Indenture (Illinova Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation entity succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder; provided, provided that such corporation entity shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article 6, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor Trustee by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Senior Indenture (Xylem Inc.), Subordinated Indenture (Xylem Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, by sale or otherwise, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Gatx Corp), Indenture (Gatx Corp)

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

Appears in 2 contracts

Samples: Indenture (FNB Corp/Fl/), Indenture (FNB Financial Services, LP)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to or acquiring all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to, or by succession to or acquisition of all or substantially all of the corporate trust business of, such authenticating successor Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the Indenture Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Indenture Trustee hereunder, provided that such corporation Person shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities Notes shall have been authenticated, but not delivered, by the Indenture Trustee then in office, any successor by merger, conversion conversion, or consolidation to such authenticating Indenture Trustee may adopt such authentication and deliver the Securities Notes so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such SecuritiesNotes.

Appears in 2 contracts

Samples: Indenture (Chevy Chase Bank FSB), Indenture (Acc Consumer Finance Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, ; provided that such corporation Person shall be qualified under the provisions of Section 7.08 9.9 and eligible under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 2 contracts

Samples: Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Indenture Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Indenture Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities Notes shall have been authenticated, but not delivered, by the Indenture Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Indenture Trustee may adopt such authentication and deliver the Securities Notes so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such SecuritiesNotes.

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (Royal Ahold), Trust Indenture and Security Agreement (Royal Ahold)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be -------- ---- qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, 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 Debt 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 Debt Securities so authenticated with the same effect as if such successor Trustee trustee had itself authenticated such Debt Securities.

Appears in 2 contracts

Samples: Indenture (Arvin Capital I), Indenture (Arvin Capital I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidatedconsolidated or to which its assets may be sold, or any corporation resulting from any merger, conversion or consolidation or sale of assets to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Regeneron Pharmaceuticals, Inc.), Indenture (Regeneron Pharmaceuticals Inc)

Merger, Conversion, Consolidation or Succession to Business. of Indenture Trustee. -------------------- Any corporation into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Indenture Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Indenture Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall Notes have been authenticated, but not delivered, by the Indenture Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Indenture Trustee may adopt such authentication and deliver the Securities Notes so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such SecuritiesNotes.

Appears in 2 contracts

Samples: Indenture (National Mortgage Securities Corp), Indenture (Southpoint Residential Mortgage Securities Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, ; provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article V, 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 Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor Trustee by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 2 contracts

Samples: Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 9.9 and eligible under the provisions of Section 7.099.10, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 2 contracts

Samples: Indenture (Pikeville National Corp), Indenture (Ncbe Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 9.9 and eligible - 43 - under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 1 contract

Samples: Indenture (R&g Financial Corp)

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Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to or acquiring all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to, or by succession to or acquisition of all or substantially all of the corporate trust business of, such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Euronet Worldwide Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under this Article, and shall be deemed to have assumed all of the provisions liabilities and obligations of Section 7.09, the Trustee hereunder 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 notwithstandinghereto (other than such Person). In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion conversion, consolidation or consolidation succession to such authenticating Trustee may 96 105 adopt such authentication and deliver the Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vornado Realty Trust)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that the Company has approved such successor in a Company Consent and such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 1 contract

Samples: Indenture (Meridian Bioscience Inc)

Merger, Conversion, Consolidation or Succession to Business. Any ----------------------------------------------------------- corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and otherwise eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Exodus Communications Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation organization or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation organization or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation organization or other entity succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, ; provided that such corporation organization or other entity shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (United Parcel Service Inc)

Merger, Conversion, Consolidation or Succession to Business. 60 Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and otherwise eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Affiliated Computer Services Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation successor Trustee shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09Trust Indenture Act and under this Article IX, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Trust Indenture (Mobile Energy Services Co LLC)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or other business entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other business entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, party or any corporation or other business entity succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation or other business entity shall be qualified under the provisions of Section 7.08 9.8 and eligible under the provisions of Section 7.099.9, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Rayonier Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or other entity succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation or other entity shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Votorantim Pulp & Paper Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee or the Collateral Agent may be merged merged, sold, transferred or converted or with which it may be consolidated, or any corporation resulting from any merger, sale, transfer, conversion or consolidation to which the Trustee or the Collateral Agent shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee or Collateral Agent, as applicable, hereunder, ; provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article VII, 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 Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 1 contract

Samples: Indenture (Phinia Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 10.9 and eligible under the provisions of Section 7.0910.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 1 contract

Samples: Indenture (Southern Community Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 7.09 and eligible under the provisions of Section 7.097.10, 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 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 36 42 authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Human Genome Sciences Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion conversion, or consolidation to which the Trustee shall may be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall will be the successor of the Trustee hereunder, provided that such corporation shall be is otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article IX, 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 Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion conversion, or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Federated Retail Holdings Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that PROVIDED THAT such corporation shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, 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 Debt 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 Debt Securities so authenticated with the same effect as if such successor Trustee trustee had itself authenticated such Debt Securities.

Appears in 1 contract

Samples: Indenture (WPSR Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 SECTION 9.9 and eligible under the provisions of Section 7.09SECTION 9.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 1 contract

Samples: Indenture (Southside Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the an Issuer Trustee that is not a natural Person may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the such Issuer Trustee shall be a party, or any corporation Person succeeding to all or substantially all the corporate trust business of the such Issuer Trustee, including the administration of the trust created by this Indenture, shall be the successor of the such Issuer Trustee hereunder, provided that such corporation Person shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Capital Securities shall have been authenticated, but not delivered, by the Property Trustee then in office, any successor by merger, conversion conversion, consolidation or consolidation sale to such authenticating Property Trustee may adopt such authentication and deliver the Capital Securities so authenticated with the same effect as if such successor Property Trustee had itself authenticated such Capital Securities.

Appears in 1 contract

Samples: Trust Agreement (Aig Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or banking association succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation or banking -------- association shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Monsanto Co)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that 46 52 [(2000-2) PASS THROUGH TRUST AGREEMENT] such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article VII, 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 Securities Certificates shall have been executed or authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such execution or authentication and deliver the Securities Certificates so executed or authenticated with the same effect as if such successor Trustee had itself executed or authenticated such SecuritiesCertificates.

Appears in 1 contract

Samples: Pass Through Trust Agreement (United Air Lines Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business or assets of the Indenture Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Indenture Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.0910.10, 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 Securities Debentures shall have been authenticated, but not delivered, by the Indenture Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Indenture Trustee may adopt such authentication and deliver the Securities Debentures so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such SecuritiesDebentures.

Appears in 1 contract

Samples: Indenture (Bridge Bancorp Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee for the Securities of any series may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the such Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the such Trustee, including the administration of the trust created by this Indenture, shall be the successor of the such Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Trustee or the Authenticating Agent for such series then in office, any successor by merger, conversion or consolidation to such authenticating Trustee Trustee, or any successor Authenticating Agent, as the case may be, may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee or successor Authenticating Agent had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Cardinal Health Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09, 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 Securities Notes 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 Securities Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesNotes.

Appears in 1 contract

Samples: Indenture (Senseonics Holdings, Inc.)

Merger, Conversion, Consolidation or Succession to Business. ​ Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Aytu Biopharma, Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the administration of the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 10.8 and eligible under the provisions of Section 7.0910.9, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Rambus Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 notwithstandingnotwith standing. In case any 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Kmart Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 133 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Pharmos Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this IndentureTrustee as a whole or substantially as a whole, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Consumers Energy Co)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee for the Securities of any series may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee for such series hereunder, provided that such corporation shall shall, with respect to such series, be otherwise qualified under the provisions of Section 7.08 and eligible under this Article, to the provisions of Section 7.09extent operative, 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 Securities of one or more series shall have been authenticated, but not delivered, by the Trustee for such series then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of such Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of the Trustee or such successor to the Trustee. sec.

Appears in 1 contract

Samples: Indenture Agreement (Associates First Capital Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunderhereunder and under the Intercreditor Agreement and the Security Agreement and shall be bound hereby and thereby, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Allegheny Energy Supply Co LLC)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 II-90 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Pharmos Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.. 202554445 v2 36

Appears in 1 contract

Samples: Indenture (Flex Pharma, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or banking association succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that PROVIDED such corporation or banking association shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Sabre Holdings Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such -------- ---- corporation shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, 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 Debt 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 Debt Securities so authenticated with the same effect as if such successor Trustee trustee had itself authenticated such Debt Securities.

Appears in 1 contract

Samples: Indenture (WPSR Capital Trust I)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Indenture Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Indenture Trustee hereunder; PROVIDED, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Indenture Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Indenture Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Prime Group Realty Trust)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Indenture Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Indenture Trustee hereunder, provided that PROVIDED such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, 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 Securities shall have been authenticated, but not delivered, by the Indenture Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Indenture Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Prime Group Realty Trust)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.098.09, 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (ADT, Inc.)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation shall be qualified under the provisions of Section 7.08 9.9 and eligible under the provisions of Section 7.099.10, 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 Securities Debentures 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 Securities Debentures so authenticated with the same effect as if such successor Trustee had itself authenticated such SecuritiesDebentures.

Appears in 1 contract

Samples: Indenture (Old Second Bancorp Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation corpora- tion resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation corpora- tion shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9, without the execution execu- tion or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstandingnotwith- standing. In case any 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Noram Energy Corp)

Merger, Conversion, Consolidation or Succession to Business. Any corporation corporation, association or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation corporation, association or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, IPSO FACTO shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, hereto notwithstanding anything herein to the contrary notwithstandingcontrary. In case any 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (Staples Inc)

Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to the corporate trust business of the Trustee, including the administration of the trust created by this Indenture, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 7.08 and eligible under the 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 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 Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

Appears in 1 contract

Samples: Indenture (KEMPER Corp)

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