Merger or Consolidation of Trustee or Delaware Trustee. Any corporation into which the Trustee or Delaware Trustee, as applicable, 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 Delaware Trustee, as applicable, shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee or Delaware Trustee, as applicable, shall, without the execution or filing of any instrument or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding, be the successor of the Trustee or Delaware Trustee, as applicable, hereunder; provided, that such corporation shall be eligible pursuant to Section 10.01; and provided, further, that the Trustee and Delaware Trustee shall mail notice of such merger or consolidation to the Rating Agencies not less than 15 days prior to the effective date thereof and shall file an amendment to the Certificate of Trust as required under the Delaware Statutory Trust Act.
Merger or Consolidation of Trustee or Delaware Trustee. Neither a change of name of the Trustee or Delaware Trustee nor any merger or consolidation of it or of its corporate powers with another bank or with a trust company shall affect its right or capacity to act hereunder. Upon any merger, consolidation, sale of assets or other transaction involving the Trustee or Delaware Trustee in which the Trustee or Delaware Trustee is not the surviving entity, the surviving entity in such transaction shall automatically become the Trustee or Delaware Trustee of the Trust and succeed to all rights, titles, duties, powers and authority of the predecessor Trustee or Delaware Trustee hereunder, without the requirement of Unitholder approval or any other action, provided such surviving entity has succeeded to the rights and obligations of the predecessor Trustee or Delaware Trustee in accordance with applicable law and is a bank or trust company having capital, surplus and undivided profits (as of the end of its last fiscal year prior to the consummation of such transaction) of at least $100,000,000.
Merger or Consolidation of Trustee or Delaware Trustee. Neither a change of name of either the Trustee or the Delaware Trustee nor any merger or consolidation of its corporate powers with another bank or with a trust company nor the sale or transfer of all or substantially all of its trust operations to a separate corporation shall affect its right or capacity to act hereunder; provided, however, the Delaware Trustee or any successor thereto shall maintain its principal place of business in the State of Delaware.
