Qualifying Trustee. Any trustee appointed pursuant to Section 1304 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 17 contracts
Samples: Indenture (Haleon PLC), Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 hereof for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 9 contracts
Samples: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.), Indenture (Danaher Corp /De/)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 4.6 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 9 contracts
Samples: Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 402(4)(a) for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 7 contracts
Samples: Indenture (Avalonbay Communities Inc), Indenture (Apple Hospitality REIT, Inc.), Indenture (Apple Hospitality REIT, Inc.)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.. ARTICLE FOURTEEN
Appears in 5 contracts
Samples: Indenture Agreement (Brookdale Living Communities Inc), Indenture (Monsanto Co), Indenture (Airtran Holdings Inc)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 4.2 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 5 contracts
Samples: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1504 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an any agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.. ARTICLE SIXTEEN
Appears in 4 contracts
Samples: Indenture (Brookdale Living Communities Inc), Indenture (Monsanto Co), Indenture (Talk America)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 13.4 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (MRM Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1404 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 4 contracts
Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 13.04 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 3 contracts
Samples: Indenture (RCC Western Stores, Inc.), Indenture (Hancock Holding Co), Indenture (Hancock Holding Co)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 3 contracts
Samples: Indenture (Monsanto Finance Canada Co.), Indenture (Integrated Circuit Systems Inc), Indenture (Monsanto Co /New/)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 12.4 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 3 contracts
Samples: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1404 for the purpose of holding trust funds money and U.S. Government Obligations deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trusteeTrustee.
Appears in 2 contracts
Samples: Subordinated Indenture (Complete Management Inc), Senior Indenture (Complete Management Inc)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 12.2 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance legal defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 2 contracts
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1305 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 2 contracts
Samples: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 13.4 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form reasonably acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 2 contracts
Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1504 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an any agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In If no event shall the Trustee be liable for any acts or omissions of said trustee.. ARTICLE SIXTEEN
Appears in 2 contracts
Samples: Indenture (Monsanto Co), Indenture Agreement (Brookdale Living Communities Inc)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 4.2 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trusteecertificate, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 2 contracts
Samples: Senior Indenture (Cit Group Inc), Subordinated Indenture (Cit Group Inc)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 12.04 for the purpose of holding trust funds deposited pursuant to that such Section 12.04 shall be appointed under an agreement in form acceptable to the Indenture Trustee and shall provide to the Indenture Trustee a certificate of such trustee, upon which certificate the Indenture Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Indenture Trustee be liable for any acts or omissions of said trustee.
Appears in 2 contracts
Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1504 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an any agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 1 contract
Samples: Indenture (Talk America)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 13.4 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.certificate
Appears in 1 contract
Samples: Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1204 for the purpose of holding trust funds deposited pursuant to -146- that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 1 contract
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 13.04 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 1 contract
Samples: Indenture (Syngenta Finance N.V.)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 1404 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.. ARTICLE FIFTEEN
Appears in 1 contract
Samples: Indenture (General Electric Co)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 Section 13.04 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 1 contract
Samples: Indenture (Syngenta Ag)
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 12.04 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance or Covenant Defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 1 contract
Qualifying Trustee. Any trustee appointed pursuant to Section 1304 12.02 for the purpose of holding trust funds deposited pursuant to that Section shall be appointed under an agreement in form acceptable to the Trustee and shall provide to the Trustee a certificate of such trustee, upon which certificate the Trustee shall be entitled to conclusively rely, that all conditions precedent provided for herein to the related Defeasance defeasance or Covenant Defeasance covenant defeasance have been complied with. In no event shall the Trustee be liable for any acts or omissions of said trustee.
Appears in 1 contract
Samples: Indenture (WPX Energy, Inc.)
