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

Merger, Conversion or Consolidation of Trustee. Any Person 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 Person succeeding to all or substantially all the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such successor Trustee shall be qualified under the Trust Indenture Act and eligible under the provisions of Section 11.7 hereof and Section 310(a) of the Trust Indenture Act. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Bonds 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 Bonds so authenticated and, in case at that time any of the Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Bonds either in the name of any predecessor hereunder or in the name of the successor trustee, and in such cases such certificate shall have the full force which it is anywhere in the Bonds 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 the authenticate Bonds 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 (NRG Energy Inc), Guarantee Agreement (Somerset Power LLC)

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Merger, Conversion or Consolidation of Trustee. Any Person 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 Person succeeding to all or substantially all the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided PROVIDED that such successor Trustee shall be qualified under the Trust Indenture Act and eligible under the provisions of Section 11.7 9.7 hereof and Section 310(a) of the Trust Indenture Act. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Bonds 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 Bonds so authenticated and, in case at that time any of the Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Bonds either in the name of any predecessor hereunder or in the name of the successor trustee, and in such cases such certificate shall have the full force which it is anywhere in the Bonds or in this Indenture provided 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 the authenticate Bonds in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Northeast Generation Co

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Merger, Conversion or Consolidation of Trustee. Any Person 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 Person succeeding to all or substantially all the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that such successor Trustee shall be qualified under the Trust Indenture Act and eligible under the provisions of Section 11.7 8.7 hereof and Section 310(a) of the Trust Indenture Act. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Bonds 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 Bonds Notes so authenticated and, in case at that time any of the Bonds Notes shall not have been authenticated, any successor to the Trustee may authenticate such Bonds Notes either in the name of any predecessor hereunder or in the name of the successor trustee, and in such cases such certificate shall have the full force which it is anywhere in the Bonds Notes or in this Indenture Indenture, provided that the certificate of the Trustee shall have; provided that the right to adopt the American Ref-Fuel Company LLC Indenture certificate of authentication of any predecessor Trustee or the authenticate Bonds 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 (Covanta Holding Corp)

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