Common use of Succession by Merger Clause in Contracts

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 39 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Digital Realty Trust, L.P.)

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Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 hereof and eligible under the provisions of Section 7.097.09 hereof. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided provided, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 21 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Innovative Industrial Properties Inc)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. The Trustee shall provide the Company with a written notice within thirty (30) days after the closing of such merger, conversion or consolidation. In any case where at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 8 contracts

Samples: Satisfaction and Discharge of Indenture (China Security & Surveillance Technology, Inc.), Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), American Dairy Inc

Succession by Merger. Any corporation organization or entity into which the Trustee may be merged or converted or exchanged or with which it may be consolidated, or any corporation organization or entity resulting from any merger, conversion, exchange or consolidation to which the Trustee shall be a party, or any corporation organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee (including any trust created by this Indenture)Trustee, shall be the successor to 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 in the case of any corporation organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 hereof and eligible under the provisions of Section 7.097.09 hereof. In case at the time such successor to the Trustee shall succeed to the trusts created by this Supplemental Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Supplemental Indenture; provided provided, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 8 contracts

Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P.

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 9.08 and eligible under the provisions of Section 7.099.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 7 contracts

Samples: Indenture (Durect Corp), Indenture (Celgene Corp /De/), Indenture (Advanced Medical Optics Inc)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 5 contracts

Samples: Indenture (Airtran Airways Inc), Indenture (GLG Partners, Inc.), Macerich Co

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 9.08 and eligible under the provisions of Section 7.099.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debentures in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Debentures or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Debentures in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 5 contracts

Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc), Indenture (Commscope Inc), Indenture (Commscope Inc)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 4 contracts

Samples: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp), Indenture (Compudyne Corp)

Succession by Merger. Any corporation Person into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation Person resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation Person shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 4 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp), Indenture (Town & Country Trust)

Succession by Merger. Any corporation into which either of the Trustee Trustees may be merged or exchanged converted or with which it either of them may be consolidated, or any corporation resulting from any merger, exchange conversion or consolidation to which the Trustee or Co-Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee or Co-Trustee (including any trust created by this Indenture), shall be the successor to the Trustee or Co-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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee or Co-Trustee, such corporation shall be qualified under the provisions of Section 7.08 7.07 and shall, in the case of the successor to the Trustee, be eligible under the provisions of Section 7.097.08. In case at the time such successor to the Trustee or the Co-Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee or the Co-Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or the Co-Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee or the Co-Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 3 contracts

Samples: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor LTD

Succession by Merger. Any corporation Person into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation Person resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation Person shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debentures in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Debentures or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Debentures in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 3 contracts

Samples: Indenture (Wild Oats Markets Inc), Indenture (Kellwood Co), Indenture (Allied Waste Industries Inc)

Succession by Merger. Any corporation Person into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation Person resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation Person shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 3 contracts

Samples: Indenture (Ryerson Tull Inc /De/), Registration Rights Agreement (Walter Industries Inc /New/), Indenture (Dynegy Inc /Il/)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture)Trustee, shall be the successor to the Trustee hereunder hereunder, provided such corporation shall be qualified under the requirements of the Trust Indenture Act of 1939 and eligible under the provisions of Section 7.07, without the execution or filing of any paper or any further act on the part of any of the parties hereto, provided that in anything herein to the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09contrary notwithstanding. In case at the time such successor to the Trustee shall succeed to the trusts trust created by this IndentureIndenture with respect to one or more series of Debt Securities, any of the Notes such Debt Securities 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 or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debt Security so authenticated; and in case at that time any of the Notes such Debt Securities shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities either in the name of such successor to the Trustee or, if such successor trusteeto the Trustee is a successor by merger, conversion or consolidation, the name of any predecessor hereunder; and in all such cases such certificates certificate shall have the full force that which it is provided anywhere in the Notes such Debt Securities or in this Indenture; Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidationhave. SECTION 7.11.

Appears in 3 contracts

Samples: McDonalds Corp, McDonalds Corp, McDonalds Corp

Succession by Merger. Any corporation organization or entity into which the Trustee may be merged or converted or exchanged or with which it may be consolidated, or any corporation organization or entity resulting from any merger, conversion, exchange or consolidation to which the Trustee shall be a party, or any corporation organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee (including any trust created by this Indenture)Trustee, shall be the successor to 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 in the case of any corporation organization or entity succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 hereof and eligible under the provisions of Section 7.097.09 hereof. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debt Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Debt Securities or in this Indenture; provided provided, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Debt Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 2 contracts

Samples: Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debentures in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Debentures or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Debentures in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 2 contracts

Samples: Indenture (Digital Realty Trust, Inc.), Indenture (Digital Realty Trust, Inc.)

Succession by Merger. Any corporation Person into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation Person resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation Person shall be qualified under the provisions of Section 7.08 9.08 and eligible under the provisions of Section 7.099.09. 66 In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debentures in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Debentures or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Debentures in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Williams Companies Inc

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Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09. In any case where at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 1 contract

Samples: Indenture (Luminent Mortgage Capital Inc)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 6.08 and eligible under the provisions of Section 7.096.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Securities or in this Indenture; provided PROVIDED that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Commscope Inc)

Succession by Merger. etc. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange merger or 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 any trust created by this Indenture)Trustee, shall be the successor to 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 in anything herein to the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trusteecontrary notwithstanding; provided, such corporation shall be qualified under the provisions of Section 7.08 8.08 and eligible under the provisions of Section 7.098.09. In case If at the time such successor to the Trustee trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver or cause to be delivered such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debentures either in the name of any predecessor hereunder or in the name of the successor trustee; and in all such cases such certificates certificate shall have the full force that which it is provided anywhere in the Notes Debentures or in this IndentureIndenture 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 trustee or authenticate Notes Debentures in the name of any predecessor Trustee trustee shall apply only to its the successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Philip Services Corp)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 hereof and eligible under the provisions of Section 7.097.09 hereof. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Securities or in this Indenture; provided provided, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 1 contract

Samples: Indenture (Lepercq Corporate Income Fund L P)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 6.08 and eligible under the provisions of Section 7.096.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Securities or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Canadian Solar Inc.)

Succession by Merger. Any corporation Person into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation Person resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation Person succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation Person shall be qualified under the provisions of Section 7.08 9.08 and eligible under the provisions of Section 7.099.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Debentures in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Debentures or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Debentures in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Williams Companies Inc)

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged converted or with which it may be consolidated, or any corporation resulting from any merger, exchange conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of 42 the corporate trust business of the Trustee (including any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 6.08 and eligible under the provisions of Section 7.096.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes Securities in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes Securities or in this Indenture; provided PROVIDED that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange conversion or consolidation.

Appears in 1 contract

Samples: Andrew Corp

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 hereof and eligible under the provisions of Section 7.097.09 hereof. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes or in this Indenture; provided provided, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation. Section 7.13.

Appears in 1 contract

Samples: Healthcare Trust of America Holdings, LP

Succession by Merger. Any corporation into which the Trustee may be merged or exchanged or with which it may be consolidated, or any corporation resulting from any merger, exchange 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 any trust created by this Indenture), shall be the successor to 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 in the case of any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, such corporation shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.09. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes of the applicable series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee or authenticating agent appointed by such predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes of the applicable series shall not have been authenticated, any successor to the Trustee or any authenticating agent appointed by such successor trustee may authenticate such Notes in the name of the successor trustee; and in all such cases such certificates shall have the full force that is provided in the Notes of the applicable series or in this Indenture; provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes of the applicable series in the name of any predecessor Trustee shall apply only to its successor or successors by merger, exchange or consolidation.

Appears in 1 contract

Samples: Essex Portfolio Lp

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