Common use of Successor Indenture Trustee by Merger Clause in Contracts

Successor Indenture Trustee by Merger. If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Indenture Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Depositor (who shall promptly provide such notice to the Rating Agencies) prior written notice of any such transaction (provided, that if the Indenture Trustee shall be a public company or a wholly-owned subsidiary of a public company, no earlier than at such time as the Indenture Trustee or such Affiliate is required to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice of the consummation of such transaction no later than one (1) Business Day after the effective date of such event, together with the information reasonably requested by the Depositor in order to comply with its reporting obligations under the Exchange Act with respect to a successor Indenture Trustee. In case at the time such successor or successors by merger, conversion or consolidation to the Indenture 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 Indenture Trustee may adopt the certificate of authentication of any 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 Indenture Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Indenture Trustee shall have.

Appears in 5 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2022-C), Indenture (World Omni Auto Receivables Trust 2022-B), Indenture (World Omni Auto Receivables Trust 2022-B)

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Successor Indenture Trustee by Merger. If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Indenture Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Depositor (who shall promptly provide such notice to the Rating Agencies) prior written notice of any such transaction (provided, provided that if the Indenture Trustee shall be a public company or a wholly-owned subsidiary of a public company, no earlier than at such time as the Indenture Trustee or such Affiliate is required to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice of the consummation of such transaction no later than one (1) Business Day after the effective date of such event, together with the information reasonably requested by the Depositor in order to comply with its reporting obligations under the Exchange Act with respect to a successor Indenture Trustee. In case at the time such successor or successors by merger, conversion or consolidation to the Indenture 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 Indenture Trustee may adopt the certificate of authentication of any 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 Indenture Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: General Servicing Considerations (World Omni Auto Receivables Trust 2022-A), General Servicing Considerations (World Omni Auto Receivables Trust 2022-A)

Successor Indenture Trustee by Merger. If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, that however, that, if such corporation or banking association shall be otherwise qualified and successor Indenture Trustee is not eligible under Section 6.11. The Indenture Trustee shall provide , then the Depositor (who shall promptly provide such notice to the Rating Agencies) prior written notice of any such transaction (provided, that if the successor Indenture Trustee shall be a public company or a wholly-owned subsidiary replaced in accordance with Section 6.08. Notice of a public company, no earlier than at any such time as the Indenture Trustee or such Affiliate is required event shall be promptly given to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice of the consummation of such transaction no later than one (1) Business Day after the effective date of such event, together with the information reasonably requested each Rating Agency by the Depositor in order to comply with its reporting obligations under the Exchange Act with respect to a successor Indenture Trustee. In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Indenture Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Rate Reduction Bonds shall have been authenticated but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor trustee and deliver such Notes the Rate Reduction Bonds so authenticated; and and, in case at that time any of the Notes Rate Reduction Bonds shall not have been authenticated, any successor to the Indenture Trustee may authenticate such Notes the Rate Reduction Bonds either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which that it is anywhere in the Notes Rate Reduction Bonds or in this Indenture provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Intercreditor Agreement (PSNH Funding LLC 3), Intercreditor Agreement (PSNH Funding LLC 3)

Successor Indenture Trustee by Merger. If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Indenture Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 6.116.11 below. The Indenture Trustee shall provide the Depositor (who shall promptly provide such x) written notice to the Rating Agencies) prior written notice Depositor of any such transaction (provided, that if successor due to merger or consolidation of the Indenture Trustee shall be a public company or a wholly-owned subsidiary of a public company, no earlier than at such time as the Indenture Trustee or such Affiliate is required pursuant to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice this Section within five (5) days of the consummation effectiveness of such transaction no later than one merger or consolidation and (1y) Business Day after in writing and in form and substance reasonably satisfactory to the effective date of such eventDepositor, together with the all information reasonably requested by the Depositor in order to comply with its reporting obligations obligation under the Exchange Act Item 6.02 of Form 8-K with respect to a successor replacement Indenture Trustee. In case at the time such successor or successors by merger, conversion or consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Class A Notes shall have been authenticated but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Class A Notes so authenticated; and in case at that time any of the Class A Notes shall not have been authenticated, any successor to the Indenture Trustee may authenticate such Class A Notes either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Class A Notes or in this Indenture provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Fund America Investors Corp Ii)

Successor Indenture Trustee by Merger. If the Indenture Trustee consolidates withIF THE INDENTURE TRUSTEE CONSOLIDATES WITH, merges or converts intoMERGES OR CONVERTS INTO, or transfers all or substantially all its corporate trust business or assets toOR TRANSFERS ALL OR SUBSTANTIALLY ALL ITS CORPORATE TRUST BUSINESS OR ASSETS TO, another corporation or banking associationANOTHER CORPORATION OR BANKING ASSOCIATION, the resultingTHE RESULTING, surviving or transferee corporation without any further act shall be the successor Indenture TrusteeSURVIVING OR TRANSFEREE CORPORATION OR BANKING ASSOCIATION WITHOUT ANY FURTHER ACT SHALL BE THE SUCCESSOR INDENTURE TRUSTEE; providedPROVIDED, that such corporation or banking association shall be otherwise qualified and eligible under Section HOWEVER, THAT IF SUCH SUCCESSOR INDENTURE TRUSTEE IS NOT ELIGIBLE UNDER SECTION 6.11, THEN THE SUCCESSOR INDENTURE TRUSTEE SHALL BE REPLACED IN ACCORDANCE WITH SECTION 6.08. The Indenture Trustee shall provide the Depositor (who shall promptly provide such notice to the Rating Agencies) prior written notice of any such transaction (provided, that if the Indenture Trustee shall be a public company or a wholly-owned subsidiary of a public company, no earlier than at such time as the Indenture Trustee or such Affiliate is required to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice of the consummation of such transaction no later than one (1) Business Day after the effective date of such event, together with the information reasonably requested by the Depositor in order to comply with its reporting obligations under the Exchange Act with respect to a successor Indenture TrusteeNOTICE OF ANY SUCH EVENT SHALL BE PROMPTLY GIVEN TO EACH RATING AGENCY BY THE SUCCESSOR INDENTURE TRUSTEE AND ANY AGENT IN IRELAND APPOINTED PURSUANT TO SECTION 3.02. In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Indenture Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Storm Recovery Bonds shall have been authenticated but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Notes Storm Recovery Bonds so authenticated; and in case at that time any of the Notes Storm Recovery Bonds shall not have been authenticated, any successor to the Indenture Trustee may authenticate such Notes Storm Recovery Bonds either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Storm Recovery Bonds or in this Indenture provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Entergy Arkansas Restoration Funding, LLC)

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Successor Indenture Trustee by Merger. If the Xx xxe Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided. The Indenture Trustee shall provide prior written notice of any such transaction to the Depositor and the Administrator (and the Administrator shall make such notice available to the Rating Agencies), provided that such corporation or banking association shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Depositor (who shall promptly provide such notice to the Rating Agencies) prior written notice of any such transaction (provided, that if the Indenture Trustee shall be a public company or a wholly-owned subsidiary of a public company, no earlier than at such time as the Indenture Trustee or such Affiliate is required to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice of the consummation of such transaction event no later than one (1) Business Day after the effective date of such eventmerger, together with the information reasonably requested by the Depositor in order to comply with its reporting obligations obligation under the Exchange Act with respect to a successor Indenture Trustee. In case at the time such successor or successors by merger, conversion or consolidation to the Indenture 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 Indenture Trustee may adopt the certificate of authentication of any predecessor trustee 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 Indenture Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Deere Owner Trust 2015 (John Deere Owner Trust 2015)

Successor Indenture Trustee by Merger. If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Indenture Trustee. The Indenture Trustee shall provide the Rating Agencies, the Counterparties and the Issuer prompt written notice of any such transaction following the consummation thereof; providedPROVIDED, that such corporation or banking association shall be otherwise qualified and eligible under Section SECTION 6.11. The Indenture Trustee shall provide the Depositor (who shall promptly provide such notice to the Rating Agencies) prior written notice of any such transaction (provided, that if the Indenture Trustee shall be a public company or a wholly-owned subsidiary of a public company, no earlier than at such time as the Indenture Trustee or such Affiliate is required to make such information public). Additionally, the Indenture Trustee shall provide the Depositor with written notice of the consummation of such transaction no later than one (1) Business Day after the effective date of such event, together with the information reasonably requested by the Depositor in order to comply with its reporting obligations under the Exchange Act with respect to a successor Indenture Trustee. In case at the time such successor or successors successor(s) by merger, conversion or consolidation to the Indenture 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 Indenture Trustee may adopt the certificate of authentication of any predecessor trustee Indenture 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 Indenture Trustee may authenticate such Notes either in the name of any predecessor Indenture Trustee hereunder or in the name of the successor to the Indenture Trustee; and in all such cases such certificates of authentication shall have the full force which it is and effect to the same extent given to the certificate of authentication of the Indenture Trustee anywhere in the Notes or in this Indenture provided that the certificate of the Indenture Trustee shall haveIndenture.

Appears in 1 contract

Samples: CNH Capital Receivables Inc

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