Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 225 contracts
Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Wilshire Bancorp Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 79 contracts
Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Nationwide Financial Services Inc/)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such entity shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 44 contracts
Samples: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (Community Financial Holding Co Inc), Junior Subordinated Indenture (PNC Capital Trust F)
Merger, Conversion, Consolidation or Succession to Business. Any Person Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person Corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such Corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; in case any of the Securities shall not have been authenticatedauthenticated by the Trustee then in office, any successor by merger, conversion or consolidation to the such Trustee may authenticate such Securities either in the name of any such predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 24 contracts
Samples: Indenture (Hillenbrand, Inc.), Indenture (Leggett & Platt Inc), Indenture (Uhc Capital I)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 19 contracts
Samples: Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Downey Financial Corp), Junior Subordinated Indenture (First Bank System Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 19 contracts
Samples: Indenture (Apple Inc.), Indenture (MGM Resorts International), Indenture (Allegion US Holding Co Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such Person shall be eligible under TIA Section 310(a) and this Article 8 and shall have a combined capital and surplus of at least $50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 8.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities shall have been authenticated, authenticated but not delivered, by any such successor to the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such the certificate of authentication of any predecessor Trustee and deliver the such Securities so authenticated; and, and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, trustee; and in all such cases the such certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 18 contracts
Samples: Indenture (Jakks Pacific Inc), Indenture (Service Corporation International), Indenture (Service Corporation International)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 17 contracts
Samples: Indenture (Blackstone Inc.), Indenture (AppLovin Corp), Indenture (Blackstone Holdings I L.P.)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 17 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 16 contracts
Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal Pharmaceuticals, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 11 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (Sman Capital Trust 1), Junior Subordinated Indenture (Allegiant Capital Trust I)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under TIA Section 310(a) and this Article 8 and shall have a combined capital and surplus of at least $100,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 8.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities shall have been authenticated, authenticated but not delivered, by any such successor to the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such the certificate of authentication of any predecessor Trustee and deliver the such Securities so authenticated; and, and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, trustee; and in all such cases the such certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 10 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (Diversified Contractors Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any any, of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 8 contracts
Samples: Indenture (Noram Energy Corp/), Subordinated Indenture (Reliant Energy Inc), Senior Indenture (Cleco Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided, provided, however, that the right to adopt the certificate of the authentication of any predecessor Trustee shall havewill apply only to its successor or successors by merger, conversion or consolidation.
Appears in 8 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 8 contracts
Samples: Trust Agreement (Usf&g Corp), Junior Subordinated Indenture (Providian Financial Corp), Junior Subordinated Indenture (Riggs National Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Senior Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, and in case any Securities Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Senior Notes either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 8 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Anthracite Capital Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which that it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 7 contracts
Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/), Indenture (Exterran Energy Solutions, L.P.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation or banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation or banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation or banking association succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation or banking association shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 7 contracts
Samples: Indenture, Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case If any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case if any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 7 contracts
Samples: Junior Subordinated Indenture (Colonial Bancgroup Inc), Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Centura Banks Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto; PROVIDED, providedHOWEVER, that in the case of a corporation succeeding to all or substantially all the corporate trust business of the Trustee, such Person successor corporation shall be otherwise qualified and eligible under this Article VIexpressly assume all of the Trustee's liabilities hereunder. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to authenticated with the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of same effect as if such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall havehad itself authenticated such Securities.
Appears in 6 contracts
Samples: Indenture (Pilgrims Pride Corp), Indenture (Ensco International Inc), Indenture (Transocean Offshore Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, ; provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Indenture (RAIT Financial Trust), Junior Subordinated Indenture (Great Wolf Resorts, Inc.), Junior Subordinated Indenture (Capitalsource Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, provided that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Beazer Homes Usa Inc), Junior Subordinated Indenture (Desert Capital Reit Inc), Junior Subordinated Indenture (Gramercy Capital Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trust Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which that it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Guaranty Capital Trust I)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trustee Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Bancorpsouth Inc), Indenture (National City Capital Trust I), Junior Subordinated Indenture (Usb Holding Co Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, however, such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture that provides for the certificate of authentication of the Trustee shall have; provided, however, that, the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 5 contracts
Samples: Indenture (Entegris Inc), Indenture (On Semiconductor Corp), Indenture (Entegris Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation or national banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation or national banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation or national banking association succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation or national banking association shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Nova Chemicals Corp /New), Indenture (HomeCare Labs, Inc.), Indenture (Nova Chemicals Corp /New)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 4 contracts
Samples: Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii), Indenture (Host Marriott Corp/Md), Junior Convertible Subordinated Indenture (Newell Financial Trust I)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 4 contracts
Samples: Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Senior Living Inc /Va)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such Person shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities, and in case any Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (NMI Holdings, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 4 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (Txi Capital Trust I), Indenture (Caremark Rx Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Subordinated Indenture (American Italian Pasta Co), Subordinated Indenture (Bay Valley Foods, LLC), Subordinated Indenture (Bay Valley Foods, LLC)
Merger, Conversion, Consolidation or Succession to Business. Any Person person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such person shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 transfer of assets to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture provides that the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion, consolidation or transfer of assets. The Trustee may merge or consolidate with another entity and in the event of such merger, is not required to provide written notice of same.
Appears in 3 contracts
Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Senior Indenture (Reliant Energy Services New Mexico LLC), Subordinated Indenture (Reliant Energy Services New Mexico LLC), Indenture (Centerpoint Energy Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 6.10 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (First Chester County Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 transfer of assets to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture provides that the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion, consolidation or transfer of assets. The Trustee may merge or consolidate with another entity and in the event of such merger, is not required to provide written notice of same.
Appears in 3 contracts
Samples: Indenture (Lumen Technologies, Inc.), Indenture, Indenture (Qwest Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, providedPROVIDED, that such Person shall be otherwise qualified and eligible under this Article ARTICLE VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section SECTION 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation or banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation or banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation or banking association succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation or banking association shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Amended Indenture provided; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Supplemental Indenture, Indenture
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person 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 7.8 and eligible under the provisions of Section 7.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VIanything 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall haveTrustee.
Appears in 2 contracts
Samples: Indenture (ICO Global Communications (Holdings) LTD), Indenture (ICO Global Communications (Holdings) LTD)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it as is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Vib Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee (in the case of succession by merger, conversion or consolidation) or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Senior Indenture (Everest Re Group LTD), Senior Indenture (Everest Re Capital Trust Iii)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the -72- 79 successor of the Trustee hereunder, provided that such corporation shall be otherwise eligible and qualified under Section 6.08, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case at any Securities time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes have been authenticated, but not delivered, by the Trustee then in office, any successor successor, by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 by succeeding to all or substantially all the corporate trust business of the Trustee, to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Notes; provided, and in case that the right to adopt the certificate of authentication of any Securities shall not have been authenticated, any successor predecessor Trustee or to the Trustee may authenticate such Securities either Notes in the name of any predecessor Trustee shall apply only to its successor or in the name of such successor Trusteesuccessors by merger, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities conversion or in this Indenture that the certificate of the Trustee shall haveconsolidation.
Appears in 2 contracts
Samples: Indenture (Corporate Realty Consultants Inc), Indenture (Corporate Realty Consultants Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all al I or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, PROVIDED such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Junior Convertible Subordinated Indenture (Dura Automotive Systems Inc), Junior Convertible Subordinated Indenture (Dayton Superior Capital Trust)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Xerox Corp), Indenture (Xerox Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Senior Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Senior Notes; and in case at that time any Securities Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Senior Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Senior Note Indenture (Agco Corp /De), Senior Note Indenture (AGCO International GmbH)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee (in the case of a succession by merger, conversion or consolidation) or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Symons International Group Inc), Senior Subordinated Indenture (Superior National Insurance Group Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture Indenture, provided that the certificate of authentication the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Nine West Group Inc /De), Indenture (Nine West Group Inc /De)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the TrusteeTrustee (including the trust created by this Indenture), shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Borg Warner Security Corp), Indenture (Network Holdings Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Independent Bank Corp /Mi/), Trust Agreement (Independent Bank Corp /Mi/)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either 50 in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture that provides for the certificate of authentication of the Trustee shall have.; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation. 66 56 ARTICLE SEVEN
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Bonds so authenticated, authenticated with the same effect as if such successor trustee had itself authenticated such Bonds; and in case at that time any Securities of the Bonds shall not have been authenticated, any successor to the Trustee trustee may authenticate such Securities Bonds either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, trustee; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Bonds or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Bonds in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Cedar Brakes I LLC)
Merger, Conversion, Consolidation or Succession to Business. 72 Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided, that such corporation shall be otherwise qualified and eligible under this Article Eight, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, trustee; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, further, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Calpine Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all cases the certificate of authentication such cases, such Securities shall have the full force which it is to be and effect provided for anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.Indenture. ARTICLE SEVEN
Appears in 1 contract
Samples: Indenture (Amc Entertainment Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Senior Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Senior Notes so authenticated, and in case any Securities Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Senior Notes either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Senior Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 transfer of assets to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.successor
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Supplemental Indenture (BRT Realty Trust)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Bankamerica Corp/De/)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and 163 deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall will be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall will be the successor of the Trustee hereunder, provided such corporation will be otherwise qualified and eligible under this Article 5, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Note shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such securities; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall havewill apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Intercreditor, Security and Collateral Agency Agreement (Abraxas Petroleum Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such -59- corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Flores & Rucks Inc /De/)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 9.9 and eligible under the provisions of Section 9.10, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VIanything 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case authenticated with the same effect as if such successor Trustee had itself authenticated such Debentures. If at such time any Securities of the Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in that the Securities Debentures or in this Indenture elsewhere provides that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Debentures in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such Person shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Ares Management Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may way be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the TrusteeTrustee (including the trust created by this Indenture), shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article ARTICLE VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section SECTION 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Uici)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it that is provided anywhere in the Securities Notes or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall haveapply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Xto Energy Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trust Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Republic New York Capital Iv)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and 152 deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (South Carolina Electric & Gas Co)
Merger, Conversion, Consolidation or Succession to Business. Any Person Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person Corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided that such Corporation shall otherwise be qualified and eligible under this Article Six), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, authenticated but not delivered, delivered by the Trustee then in office, any such successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture that the certificate of the Trustee shall will have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article (including qualification under the Trustee 84 75 Indenture Act, if applicable), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, PROVIDED such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, and in case any Securities Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Subordinated Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Convertible Subordinated Indenture (Tower Automotive Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 5, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Microsoft Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities SENs shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities SENs so authenticated, authenticated with the same effect as if such successor trustee had itself authenticated such SENs; and in case at that time any Securities of the SENs shall not have been authenticated, any successor to the Trustee trustee may authenticate such Securities SENs either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, trustee; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities SENs or in this Indenture Indenture; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate SENs in the Trustee name of any predecessor trustee shall have.apply only to its successor or successors by merger, conversion or consolidation. 83 70
Appears in 1 contract
Samples: Indenture (Southern Peru LTD)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any 78 71 Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Hartford Life Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article Nine, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Debentures so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Debentures; and in case at that time any Securities of the Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Securities Debentures either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the such certificate of authentication shall have the full force which it is provided anywhere in the Securities Debentures or in this Indenture provided that the Trustee's certificate of the Trustee authentication shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible 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, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided that such Person shall otherwise be qualified and eligible under this Article), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, authenticated but not delivered, delivered by the Trustee then in office, any such successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In case any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (GFI Group Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided that such corporation shall be otherwise qualified and eligible under this Article VI), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Subordinated Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities Subordinated Notes so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Subordinated Notes; and in case at that time any Securities Subordinated Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Subordinated Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Subordinated Notes or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Subordinated Note Indenture (AGCO International GmbH)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article 6, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture Agreement (Protection One Alarm Monitoring Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person entity into which the Trustee may be merged or converted or with which it may be consolidated, or any Person entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such entity shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 transfer of assets to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture provides that the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion, consolidation or transfer of assets. The Trustee may merge or consolidate with another entity and in the event of such merger, is not required to provide written notice of same. SECTION 701. [Reserved].
Appears in 1 contract
Samples: Indenture (Centurylink, Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities Notes or in this Indenture Indenture; provided that the certificate of authentication the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Dti Holdings Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, 59 52 provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, ; and in all such cases the certificate of authentication such certificates shall have the full force which it is provided anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
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Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In the event any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities Securities, in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication of the Trustee. Section 613. Preferential Collection of Claims Against Company. Reference is made to Section 311 of the Trust Indenture Act. For purposes of Sections 311(b)(4) and 311(b)(6) of the Trust Indenture Act, the following terms shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.following meanings:
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Samples: Indenture (Seagate Technology Inc)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
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Samples: Senior Indenture (Universal American Financial Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunderhereunder (provided such corporation shall be otherwise qualified and eligible under this Article), without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. 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 or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities Notes so authenticated, and in authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any Securities of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of such the successor Trustee, and in . In all 61 55 such cases the certificate of authentication such certificates shall have the full force and effect which it is provided anywhere in the Securities or in this Indenture that provides for the certificate of authentication of the Trustee shall have.; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation. ARTICLE SEVEN
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Samples: Indenture (World Access Inc /New/)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case authenticated with the same effect as if such successor Trustee had itself authenticated such Securities. In the event any Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate and deliver such Securities Securities, in either in the its own name or that of any its predecessor Trustee or in the name of such successor Trustee, with the full force and in all cases effect which this Indenture provides for the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.Trustee. Section 613. Preferential Collection
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Samples: Indenture (Southwest Gas Corp)
Merger, Conversion, Consolidation or Succession to Business. Any Person corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases 58 51 the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
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Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such Person shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or conversion, consolidation or as otherwise provided above in this Section 6.9 sale to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, authenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of such the successor to the Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.;
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Samples: Indenture (EnerSys)
Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but ---------- not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 ----------- to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
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Merger, Conversion, Consolidation or Succession to Business. Any Person into which the Trustee may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any Person succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, . without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided, that such Person shall be otherwise qualified and eligible under this Article VI. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated, and in case any Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor Trustee or in the name of such successor Trustee, and in all cases the certificate of authentication shall have the full force which it is provided anywhere in the Securities or in this Indenture that the certificate of the Trustee shall have.
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Samples: Junior Subordinated Indenture (State National Bancshares, Inc.)