Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 8 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 608 without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 7 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN
Appears in 5 contracts
Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated but not delivereddelivered by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes 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 notes either in the name of any such predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided that provided, however, the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (PDS Financial Corp), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.96.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 5 contracts
Samples: Indenture (Power Solutions International, Inc.), Consent Agreement (Blyth Inc), Supplemental Indenture (Blyth Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee under any series of Securities may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee under any series of Securities shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) under any series of Securities, shall be the successor of the such Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any Securities of the Securities any series shall have been authenticated authenticated, but not delivered, by the Trustee under such series of Securities then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Securities under that series so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Securities. In case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee under such series may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities of any series 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 (Amvescap PLC/London/), Indenture (IVZ Inc), Indenture (IVZ Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including Trustee, shall, with the trust created by this Indenture) shall written approval of the Company, be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution executing or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Debt Securities shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion, consolidation or sale to such authenticating Trustee may adopt such authentication and deliver the Debt Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Debt Securities. In case any Debt Securities shall not have been authenticated by such predecessor Trustee, any such successor to the Trustee may adopt authenticate and deliver such Debt Securities, in either its own name or that of its predecessor Trustee, with the full force and effect which this Indenture provides for the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; andthe Trustee. If the Trustee's successor by merger, in case at that time any of the Securities conversion, consolidation or sale shall not have been authenticatedreceived the written approval of the Company, any such successor to shall resign within 20 days after the Trustee may authenticate merger, conversion, consolidation or sale and such Securities either vacancy in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate office of the Trustee shall have; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities be filled in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidationmanner specified in Section 610.
Appears in 4 contracts
Samples: Indenture (DMC Stratex Networks Inc), Indenture (Fuller H B Co), Indenture (Dayton Hudson Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation Person shall be eligible under Trust Indenture Act TIA Section 310(a) and this Article VI 9 and shall have a combined capital and surplus of at least $100,000,000 50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.99.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 4 contracts
Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six 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 6.9609, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 4 contracts
Samples: Indenture (United Auto Group Inc), Indenture (Pioneer Hi Bred International Inc), Exhibit (Tri R of Orlando Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation Person shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 4 contracts
Samples: Indenture (Viacom Inc.), Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation or banking association into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or banking association succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation or banking association shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall haveprovided; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.96.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided 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 3 contracts
Samples: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation corporation(s) into which the Trustee may be merged or converted or with which it the Trustee may be consolidated, or any corporation corporation(s) resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee or the Authenticating Agent then in office, any successor by merger, conversion or consolidation to such authenticating Trustee or any successor Authentication Agent, as the case may be, may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor to Trustee or successor Authenticating Agent, as the Trustee case may adopt the certificate of authentication of any predecessor Trustee and deliver be, had authenticated such Securities so authenticated; and, in Notes. In case at that time any of the Securities Notes shall not have been authenticatedauthenticated by such predecessor Trustee, any successor to Trustee or any successor Authenticating Agent, as the Trustee case may be, may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveor the Authenticating Agent; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its the Trustee’s successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (Brookfield Property Partners L.P.)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities Notes so authenticated; and, in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities Notes 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 Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Bally Franchise RSC Inc), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Franchise RSC Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee or the Authenticating Agent then in office, any successor by merger, conversion or consolidation to such authenticating Trustee or any successor Authentication Agent, as the case may be, may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor to Trustee or successor Authenticating Agent, as the Trustee case may adopt the certificate of authentication of any predecessor Trustee and deliver be, had itself authenticated such Securities so authenticated; and, in Securities. In case at that time any of the Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any successor to Trustee or any successor Authenticating Agent, as the Trustee case may be, may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveor the Authenticating Agent; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 3 contracts
Samples: Indenture (Brookfield Office Properties Canada), Indenture (Brookfield Properties Corp), Indenture (Thomson Reuters Corp /Can/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, ; provided that such corporation Person shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion, consolidation or transfer of assets to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion conversion, consolidation or consolidationtransfer of assets. SECTION 701. Limitations on Certain Consolidation Transactions by Xxxxx 0 Xxxxxx.
Appears in 3 contracts
Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Precision Drilling Corp), Indenture (Petro Canada)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI ARTICLE SIX 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 6.9100,000,000, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 2 contracts
Samples: Indenture (New Century Financial Corp), Indenture (New Century Financial Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Sixth and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 608 without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 2 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible to act as Trustee under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 2 contracts
Samples: Indenture (Sonic Automotive Inc), Indenture (Sonic Automotive Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; Trustee and in thereafter deliver such Securities. In all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in and effect that this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Four Seasons Hotels Inc), Indenture (Four Seasons Hotels Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, ; provided that such corporation shall be otherwise eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall have; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have for the certificate of authentication of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (Extendicare Health Services Inc), Indenture (Afa Products Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) transaction), shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI and shall have a combined capital and surplus under Article 13 of at least $100,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9the Negotiable Obligations Law, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (Edenor), Indenture (Edenor)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation Corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt such authentication and make available for delivery the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticatedauthenticated 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 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Clorox Co /De/), Indenture (First Brands Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 6.8 without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of that series shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities of any series 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 of that series 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 (Capital Automotive Reit), Indenture (Capital Automotive Reit)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Debt Securities shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Debt Securities so authenticated; and, in authenticated with the same effect as if such successor Trustee had itself authenticated such Debt Securities. In case at that time any of the Debt Securities shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 Trustee, by merger, conversion or consolidation., may authenticate and deliver such Debt Securities, in either its own name or that of its predecessor Trustee, with the full force and effect which this Indenture provides for the certificate of authentication of the Trustee. ARTICLE EIGHT HOLDERS' LISTS AND REPORTS BY TRUSTEE, COMPANY AND GUARANTOR SECTION 801. Company and Guarantor to Furnish Trustee Names and Addresses of Holders. In accordance with Section 312(a) of the Trust Indenture Act, the Company and the Guarantor will furnish or cause to be furnished to the Trustee with respect to Debt Securities of each series for which it acts as Trustee:
Appears in 2 contracts
Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall Person will be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities shall will have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and, and in case at that time any of the Securities shall will not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate shall certificates will have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall will have; 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 will apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Otis Worldwide Corp), Indenture (Highland Holdings S.a r.l.)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, 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 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 the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the 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 hereunder Trustee or in the name of the such successor trustee; Trustee, and in all such cases such the 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 . The recitals contained herein and in the name Securities, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any predecessor Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall apply only to its successor be accountable for the use or successors application by merger, conversion the Company of the Securities or consolidationthe proceeds thereof.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Vision Bancshares Inc), Junior Subordinated Indenture (Valley Financial Corp /Va/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) 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 corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto100,000,000. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; 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, amalgamation, conversion or consolidation.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Hollinger International Publishing Inc), Senior Indenture (Hollinger International Publishing Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Carnival Corp), Indenture (Cendant Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation Corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. Notwithstanding the foregoing, at the request of the Trustee, the parties shall execute and deliver such writings as the Trustee reasonably may request to reflect such succession. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticatedsuccessor Trustee had itself authenticated such Notes; and, and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (Selective Insurance Group Inc), Indenture (Selective Insurance Group Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Sixth and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 608 without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of that series shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities of any series 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 of that series 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: Subordinated Indenture (Trustreet Properties Inc), Subordinated Indenture (Capital Automotive Reit)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the smallest unit of the corporate trust business of the Trustee (including which includes the trust created by activities of the Trustee relating to this Indenture) Indenture shall be the successor of the Trustee hereunder, provided that such corporation Person shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation Corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.96, without the execution or filing of any paper or any further act on the part of any of the parties hereto. Notwithstanding the foregoing, at the request of the Trustee, the parties shall execute and deliver such writings as the Trustee reasonably may request to reflect such succession. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticatedsuccessor Trustee had itself authenticated such Notes; and, and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (Fiserv Inc), Indenture (Fiserv Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, PROVIDED such corporation shall be otherwise qualified and eligible under this Article. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities of like tenor or in this Indenture provided that the certificate of the Trustee shall haveprovided; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Brazos Sportswear Inc /De/), Indenture (Egan Hub Partners Lp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that PROVIDED such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticatedsuccessor Trustee had itself authenticated such Notes; and, and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE, COMPANY AND SUBSIDIARY GUARANTORS
Appears in 2 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation business entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation entity succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate and deliver such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee or the Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Emera Inc), Indenture (Emera Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have for the certificate of authentication of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN HOLDERS LISTS AND REPORTS BY TRUSTEE, COMPANY AND SUBSIDIARY GUARANTORS
Appears in 2 contracts
Samples: Indenture (Burke Industries Inc /Ca/), Indenture (Burke Industries Inc /Ca/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 609 without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided 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, amalgamation, conversion or consolidation.
Appears in 2 contracts
Samples: Indenture (Loehmanns Holdings Inc), Indenture (Loehmanns Holdings Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is 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. ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE, COMPANY AND GUARANTORS SECTION 701. Disclosure of Names and Addresses of Holders. Every Holder of Securities, by receiving and holding the same, agrees with the Company and the Trustee that none of the Company or the Trustee or any agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders in accordance with TIA Section 312, regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under TIA Section 312(b).
Appears in 2 contracts
Samples: Indenture (Gb Property Funding Corp), Indenture (Gb Property Funding Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI and shall have a combined capital and surplus of at least $100,000,000 150,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.96.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 2 contracts
Samples: Indenture (Geo MCF Lp, LLC), Indenture (Geo MCF Lp, LLC)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act TIA Section 310(a) and this Article VI 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 6.98.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; , and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in effect under this Indenture provided that the certificate of the Trustee shall haveIndenture; 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 1 contract
Samples: Indenture (Morgans Hotel Group Co.)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN
Appears in 1 contract
Samples: Indenture (Accuride Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have for the certificate of authentication of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN
Appears in 1 contract
Samples: Indenture (Shop at Home Inc /Tn/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that PROVIDED such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Senior Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Senior Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Senior Notes. In case at that time any of the 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 hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have for the certificate of authentication of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Senior Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation Person shall be eligible qualified under the requirements of the Trust Indenture Act Section 310(a) and eligible under this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee by merger, conversion or consolidation may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder such successor to the Trustee or, if such successor to the Trustee is a successor by merger, conversion or consolidation, in the name of any predecessor hereunder; provided, however, that such successor shall use the successor trustee; predecessor's name only in such circumstances set forth in this Section 6.12 and in all such cases such certificate shall have the full force which it is anywhere in the Securities of such series 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 1 contract
Samples: Indenture (Contifinancial Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; provided PROVIDED HOWEVER that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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. Of Trustee. Any corporation corporation, association or other entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation corporation, association or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation corporation, association or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, (including the by sale or transfer of all or substantially all of its corporate trust created by this Indentureassets) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; PROVIDED, that such corporation, association or other entity shall be qualified under Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 6.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any series shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate of authentication shall have the full force which under this Indenture or the Securities of such series it is anywhere in the Securities or in this Indenture provided that the certificate of authentication of the Trustee shall have; provided PROVIDED, that the right to adopt the certificate of authentication of any predecessor Trustee trustee or to authenticate Securities of any series in the name of any predecessor Trustee trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Commonwealth Edison Co)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that PROVIDED such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 a Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of the Trustee shall haveauthentication of such Trustee; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) (whether or not such provision is applicable with respect to the Securities) and this Article VI Sixth and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 608 without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that PROVIDED such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have for the certificate of authentication of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.. ARTICLE SEVEN
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, 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 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 the Trustee then in office, any successor by merger, conversion or consolidation or as otherwise provided above in this Section 6.9 to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the 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 hereunder Trustee or in the name of the such successor trustee; Trustee, and in all such cases such the 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 . Not Responsible for Recitals or Issuance of authentication of any predecessor Trustee or to authenticate Securities Securities. The recitals contained herein and in the name Securities, except the Trustee’s certificates of authentication, shall be taken as the statements of the Company, and neither the Trustee nor any predecessor Authenticating Agent assumes any responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Securities. Neither the Trustee nor any Authenticating Agent shall apply only to its successor be accountable for the use or successors application by merger, conversion the Company of the Securities or consolidationthe proceeds thereof.
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Samples: Junior Subordinated Indenture (Greater Community Bancorp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticatedsuccessor Trustee had itself authenticated such Notes; and, and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation. ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE, COMPANY AND SUBSIDIARY GUARANTORS SECTION 701. Disclosure of Names and Addresses of Holders. Every Holder of Notes, by receiving and holding the same, agrees with the Company and the Trustee that none of the Company or the Trustee or any agent of either of them shall be held accountable by reason of the disclosure of any such information as to the names and addresses of the Holders in accordance with TIA Section 312, regardless of the source from which such information was derived, and that the Trustee shall not be held accountable by reason of mailing any material pursuant to a request made under TIA Section 312(b).
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Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall will be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall Trustee, will be the successor of the Trustee hereunder, provided that such corporation shall will be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.96, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities shall Notes will have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticatedsuccessor Trustee had itself authenticated such securities; and, and in case at that time any of the Securities shall Notes will not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate shall certificates will have the full force which it is anywhere in the Securities securities or in this Indenture provided that the certificate of the Trustee shall haveIndenture; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall will apply only to its successor or successors by merger, conversion or consolidation.
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Samples: Indenture (Mission Resources Corp)
Merger, Conversion, Consolidation or Succession to Business. of Trustee. Any corporation into which the Trustee may be merged or converted or ---------- with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act the provisions of Section 310(a) and this Article VI 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 6.95.8 hereof, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; , and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided 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.
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Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, ; provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.96.09, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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.
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Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. Any corporation into which the Securities Administrator may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Securities Administrator shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Securities Administrator, shall be the successor of the Securities Administrator hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of by the Securities shall not have been authenticatedAdministrator then in office, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 consolidationconsolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Securities Administrator had itself authenticated such Securities.
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Samples: Indenture (OM Asset Management PLC)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Second-Priority Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Second-Priority Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Second-Priority Trustee, shall be the successor of the Second-Priority Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Second-Priority Notes shall have been authenticated authenticated, but not delivered, by the Second-Priority Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Second-Priority Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Second-Priority Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Second-Priority Trustee had itself authenticated such Second-Priority Notes. In case at that time any of the Securities Second-Priority Notes shall not have been authenticated, any successor to the Second-Priority Trustee may authenticate such Securities Second-Priority Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Second-Priority Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Second-Priority Indenture provided that provides for the certificate of authentication of the Second-Priority Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Second-Priority Trustee or to authenticate Securities Second-Priority Notes in the name of any predecessor Second-Priority 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 corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9609, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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.
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Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a3.10(a) and this Article VI Sixth and shall have a combined capital and surplus of at least $100,000,000 50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 6.08 without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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.
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Merger, Conversion, Consolidation or Succession to Business. Any corporation Person into which the Indenture Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation or sale of all or substantially all assets to which the Indenture Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Indenture Trustee, shall be the successor of the Indenture Trustee hereunder, provided that such corporation Person shall meet the requirements of Section 7.08 hereof and shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9VII, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, any such successor to by the Indenture Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, then in case at that time any of the Securities shall not have been authenticatedoffice, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 or sale of assets to such authenticating Indenture Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Indenture Trustee had itself authenticated such Notes. If as a result of any such merger, conversion, consolidation, sale or succession it is necessary to amend any of the Operative Documents or to amend, modify, terminate and/or refile any documents or instruments or to take any other action to maintain the Lien of the Security Documents in the Collateral, the successor to the Indenture Trustee and the previous Indenture Trustee shall be jointly and severally liable for the costs and expenses relating to such amendments or for the maintenance of such Liens, including the reasonable fees and expenses of counsel to the Issuer, the Security Trustee and Ex-Im Bank, without any right to indemnification or reimbursement from the Issuer or the Guarantor under any other provisions of the Operative Documents.
Appears in 1 contract
Samples: Indenture (Micron Technology Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding Corporation to whom all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be transferred, shall be the successor of the Trustee hereunder, provided that such corporation Corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion, consolidation, or transfer of all or substantially all of the corporate trust business of the Trustee, to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated 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 authenticatedauthenticated by the Trustee then in office, any successor to such Trustee by merger, conversion, consolidation, or transfer of all or substantially all of the Trustee corporate trust business of the Trustee, may authenticate such Securities either in the name of any such predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion conversion, consolidation, or consolidationtransfer of all or substantially all of the corporate trust business of the Trustee.
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Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall have; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation. Section 612. Trustee’s Application for Instructions from the Company. Any application by the Trustee for written instructions from the Company may, at the option of the Trustee, set forth in writing any action proposed to be taken or omitted by the Trustee under this Indenture and the date on and/or after which such action shall be taken or such omission shall be effective. The Trustee shall not be liable for any action taken by, or omission of, the Trustee in accordance with a proposal included in such application (which date shall not be less than three Business Days after the date any officer of the Company actually receives such application, unless any such officer shall have consented in writing to any earlier date) unless prior to taking any such action (or the effective date in the case of an omission), the Trustee shall have received written instructions in response to such application specifying the action to be taken or omitted.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. of Trustee. Any corporation into which the Trustee may be merged or converted or ---------- with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be qualified under the provisions of Section 6.8 and eligible under Trust Indenture Act Section 310(a) and this Article VI and shall have a combined capital and surplus the provisions of at least $100,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any Series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any Series 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 the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities of such Series or in this Indenture provided that the certificate of the Trustee shall have; provided provided, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities of any Series in the name of any predecessor precedessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Dow Chemical Co /De/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, ; provided that such corporation shall be otherwise eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall have; provided that that, the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9609, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided that the right night 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
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. Any corporation into which the Securities Administrator may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Securities Administrator shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Securities Administrator, shall be the successor of the Securities Administrator hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of by the Securities shall not have been authenticatedAdministrator then in office, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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.consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Securities Administrator had itself authenticated such Securities. DB1/88479535.4
Appears in 1 contract
Samples: Indenture (OM Asset Management PLC)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9609, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided 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 1 contract
Samples: Indenture (Republic Services Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticatedsuccessor Trustee had itself authenticated such Notes; and, and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 corporation Person into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Person resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, ; provided that such corporation -------- Person shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion, consolidation or transfer of assets to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided provides that the certificate of authentication of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion conversion, consolidation or consolidation.transfer of assets. ARTICLE SEVEN
Appears in 1 contract
Samples: Euro Securities Indenture (Level 3 Communications Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding Corporation to whom all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be transferred, shall be the successor of the Trustee hereunder, provided that such corporation Corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion, consolidation or transfer of all or substantially all of the corporate trust business of Trustee to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated 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 authenticatedauthenticated by the Trustee then in office, any successor to such Trustee by merger, conversion, consolidation or transfer of all or substantially all of the corporate trust business of Trustee to such Trustee may authenticate such Securities either in the name of any such predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidationconsolidation or transfer of all or substantially all of the corporate trust business of Trustee.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 608 without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities Notes so authenticated; and, in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities Notes 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 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 (Media General Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the either Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the either Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including either Trustee, or to that portion of such Trustee's corporate trust business that includes the trust created by this Indenture) administered hereunder, shall be the successor of the such Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 a Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and, and in case at that time any of the Securities shall not have been authenticated, any successor to the such authenticating Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trusteeto such Trustee; and in all such cases cases, such certificate Securities shall have the full force which it is anywhere in the and effect of Securities or provided for 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.Indenture. ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEES AND COMPANY
Appears in 1 contract
Samples: Indenture (Intrawest Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided provide that the certificate of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Carnival Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be or consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such the Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Carnival Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of authentication the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 corporation Corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation Corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation Corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides the certificate of authentication of the Trustee shall have; 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 apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Bell Atlantic Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article Five and shall have a combined capital and surplus of at least $100,000,000. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided 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, amalgamation, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Playtex Products Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 50,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, 6.9 without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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, amalgamation, conversion or consolidation.
Appears in 1 contract
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Senior Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Senior Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Senior Notes. In case at that time any of the 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 hereunder or in the name of the successor trustee; Trustee, and in all such cases such certificate shall have the full force which it is anywhere in the Securities Senior Notes or in this Indenture provided that the certificate of authentication of the Trustee shall have; provided PROVIDED, HOWEVER, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities Senior 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. Of Trustee. Any corporation corporation, association or other entity into which the Trustee ---------- may be merged or converted or with which it may be consolidated, or any corporation corporation, association or other entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation corporation, association or other entity succeeding to all or substantially all of the corporate trust business of the Trustee Trustee, (including the by sale or transfer of all or substantially all of its corporate trust created by this Indentureassets) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9, hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding; PROVIDED, that such corporation, association or other entity shall be qualified under Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 6.10. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any series shall not have been authenticated, any such successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate of authentication shall have the full force which under this Indenture or the Securities of such series it is anywhere in the Securities or in this Indenture provided that the certificate of authentication of the Trustee shall have; provided PROVIDED, that the right to adopt the certificate of authentication of any predecessor Trustee trustee or to authenticate Securities of any series in the name of any predecessor Trustee trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Indenture (C Cor Net Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Sixth 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 6.9250,000,000, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is 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 1 contract
Samples: Indenture (WCHS Licensee LLC)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six 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 6.9609, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the such Securities or as described in this Indenture provided that the certificate of the Trustee shall haveIndenture; 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 1 contract
Merger, Conversion, Consolidation or Succession to Business. of Trustee. Any corporation into which the Trustee may be merged or converted ---------- or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall -------- be eligible qualified under Section 310(b) of the Trust Indenture Act Section 310(a) of 1939 and this Article VI and shall have a combined capital and surplus eligible under the provisions of at least $100,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trusteeTrustee; and in all such cases such certificate shall have the full force which that it is anywhere in the Securities of such series or in this Indenture provided that the certificate of the Trustee shall have; provided provided, that the right to adopt the certificate of authentication -------- of any predecessor Trustee or to authenticate Securities of any series 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: Prepaid Security Indenture (Household International Inc)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) shall be the successor of the Trustee hereunder, provided PROVIDED that such corporation shall be eligible under Trust Indenture Act Section 310(a) and this Article VI Six and shall have a combined capital and surplus of at least $100,000,000 250,000,000 and have a Corporate Trust Office or an agent selected in accordance with Section 6.9609, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; 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 hereunder or in the name of the successor trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided 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 1 contract
Samples: Indenture (Fca of Ohio Inc)
Merger, Conversion, Consolidation or Succession to Business. of Indenture Trustee. Any corporation into which the Indenture Trustee may be -------------------- merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Indenture Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) Indenture Trustee, shall be the successor of to the Indenture Trustee hereunder, provided that that, anything herein to the contrary notwithstanding, such corporation shall be eligible under Trust Indenture Act the provisions of Section 310(a) and this Article VI 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 6.912.03, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Securities Certificates shall have been authenticated but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor Indenture Trustee and deliver such Securities Certificates so authenticated; and, in case at that time any of the Securities Certificates shall not have been authenticated, any successor to the Indenture Trustee may authenticate such Securities Certificates either in the name of any predecessor hereunder or in the name of the successor trusteeIndenture Trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities Certificates or in this Indenture provided that the certificate of the Indenture Trustee shall have; provided provided, that the right to adopt the certificate of --------- authentication of any predecessor Indenture Trustee or to authenticate Securities Certificates in the name of any predecessor Indenture Trustee shall apply only to its successor or successors by merger, conversion or consolidation.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Delta Air Lines Inc /De/)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the Trustee or the Collateral Agent may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee or the Collateral Agent, as applicable, shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including or the trust created by this Indenture) Collateral Agent, as applicable, shall be the successor of the Trustee hereunderor the Collateral Agent, as applicable, hereunder and under the Security Documents; provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Six, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and, in successor Trustee had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee shall haveTrustee; provided provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities 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 (Aleris Corp)
Merger, Conversion, Consolidation or Succession to Business. Any corporation into which the a Trustee may be merged merged, amalgamated or converted or with which it may be consolidated, or any corporation resulting from any merger, amalgamation, conversion or consolidation to which the a Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee (including the trust created by this Indenture) a Trustee, shall be the successor of the a Trustee hereunder, provided that such corporation shall be otherwise qualified and eligible under Trust Indenture Act Section 310(a) and this Article VI 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 6.9Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. 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 such Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor Trustee and deliver such 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 authenticatedauthenticated by such predecessor Trustee, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor trustee; and in Trustee. In all such cases such certificate certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of the Trustee shall haveauthentication of a Trustee; 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 apply only to its successor or successors by merger, amalgamation conversion or consolidation.
Appears in 1 contract
Samples: Indenture (Granite Reit Inc.)
