Succession Instruments. Any new Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers and trusts of its or his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Beneficiary or of the successor Trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor Trustee, upon the trusts herein expressed, all the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the successor Trustee so appointed in its or his place.
Appears in 14 contracts
Samples: Disturbance and Attornment Agreement (Holly Energy Partners Lp), Site Services Agreement (HollyFrontier Corp), Site Services Agreement (Holly Energy Partners Lp)
Succession Instruments. Any new Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers and trusts of its or his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Beneficiary or of the successor Trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor Trustee, upon the trusts herein expressed, all the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys monies held by such Trustee to the successor Trustee so appointed in its or his place.
Appears in 5 contracts
Samples: Credit Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.), Spansion Inc.
Succession Instruments. Any new Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers and trusts of its or his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but but, nevertheless, upon the written request of Beneficiary or of the his successor Trusteetrustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor Trusteetrustee, upon the trusts trust herein expressed, all the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys monies held by such Trustee to the successor Trustee trustee so appointed in its or his place.
Appears in 2 contracts
Samples: Missouri Future (Kv Pharmaceutical Co /De/), Emeritus Corp\wa\
Succession Instruments. Any new Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers and trusts of its or his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Beneficiary or of the successor Trustee, the Trustee ceasing to act shall execute and deliver an instrument in recordable form transferring to such successor Trustee, upon the trusts herein expressed, all the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys held by such Trustee to the successor Trustee so appointed in its or his place.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Assignment and Assumption (Mueller Water Products, Inc.)
Succession Instruments. Any new Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, ; powers and trusts of its or his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but but, nevertheless, upon the written request of Beneficiary or of the his successor Trusteetrustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor Trusteetrustee, upon the trusts trust herein expressed, all the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys monies held by such Trustee to the successor Trustee trustee so appointed in its or his place.. 10.6
Appears in 1 contract
Samples: Emeritus Corp\wa\
Succession Instruments. Any new Trustee appointed pursuant to any of the provisions hereof shall, without any further act, deed or conveyance, become vested with all the estates, properties, rights, powers and trusts of its or his predecessor in the rights hereunder with like effect as if originally named as Trustee herein; but nevertheless, upon the written request of Beneficiary or of the successor Successor Trustee, the Trustee ceasing to act shall execute and deliver an instrument transferring to such successor Successor Trustee, upon the trusts herein expressed, all the estates, properties, rights, powers and trusts of the Trustee so ceasing to act, and shall duly assign, transfer and deliver any of the property and moneys monies held by such Trustee to the successor Successor Trustee so appointed in its or his place.
Appears in 1 contract
