Common use of Successor Indenture Trustee by Xxxxxx Clause in Contracts

Successor Indenture Trustee by Xxxxxx. (a) 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 64 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-3), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-2)

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Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Servicer (and the Servicer shall provide to the Rating Agencies, the Administrator and the Depositor with ) prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 36 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates or merges with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association shall, without any further act shall act, be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which as is provided anywhere in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 30 contracts

Samples: Indenture (Honda Auto Receivables 2010-2 Owner Trust), Indenture (Honda Auto Receivables 2010-1 Owner Trust), Indenture (Honda Auto Receivables 2008-2 Owner Trust)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 29 contracts

Samples: Indenture (SLM Funding LLC), Indenture (SLM Student Loan Trust 2007-4), Indenture (SLM Student Loan Trust 2008-7)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, that Trustee if such surviving Person or transferee corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Owner Trustee and the Depositor with Administrator reasonable prior written notice of any such transaction. transaction (band the Administrator will provide notice thereof to each Rating Agency pursuant to Section 1(d) If of the Administration Agreement). In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 24 contracts

Samples: Indenture (Nissan Auto Receivables 2024-a Owner Trust), Indenture (Nissan Auto Receivables 2024-a Owner Trust), Indenture (NISSAN AUTO RECEIVABLES Co II LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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. The Indenture Trustee shall provide prompt written notice of any such transaction following the consummation thereof to the Issuing Entity and, subject to Section 11.21, to the Rating Agencies; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor successor(s) by merger, conversion or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee Indenture Trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates of authentication shall have the full force which and effect to the Notes or this Indenture provide that same extent given to the certificate of authentication of the Indenture Trustee shall haveanywhere in the Notes or in this Indenture.

Appears in 24 contracts

Samples: Indenture (CNH Equipment Trust 2022-C), Indenture (CNH Equipment Trust 2022-C), Indenture (CNH Equipment Trust 2021-C)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, then the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) transaction occurring after the Closing Date. If at the time of any such successor succession by merger, conversion or successors by consolidation, merger or conversion to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, then 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 . If at that such time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases cases, such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 23 contracts

Samples: Indenture (GMACM Home Equity Loan Trust 2007-He1), Indenture (GMACM Home Loan Trust 2006-Hltv1), Indenture (Gmacm Home Equity Loan Trust 2005-He1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association association, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesDepositor, the Administrator Servicer and the Depositor with Rating Agencies prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any the predecessor trustee Indenture Trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates of authentication shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of authentication of the Indenture Trustee shall have.

Appears in 23 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2024-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior prompt written notice of any such transaction. (b) If transaction and the Administrator shall provide each Rating Agency prompt notice thereof. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 22 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2021-B), Indenture (Harley-Davidson Motorcycle Trust 2021-B), Indenture (Harley-Davidson Motorcycle Trust 2021-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with prior written Agency prompt notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 17 contracts

Samples: Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, that Trustee if such surviving Person or transferee corporation or banking association must bank shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 16 contracts

Samples: Indenture (Toyota Auto Receivables 2024-C Owner Trust), Indenture (Toyota Auto Receivables 2024-C Owner Trust), Indenture (Toyota Auto Receivables 2024-B Owner Trust)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 15 contracts

Samples: Indenture (CarMax Auto Owner Trust 2016-1), Indenture (CarMax Auto Owner Trust 2016-1), Indenture (CarMax Auto Owner Trust 2015-4)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 14 contracts

Samples: Indenture (Shellpoint Mortgage Acceptance LLC), Indenture (Impac Secured Assets Corp), Indenture (Long Beach Securities Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have. The Rating Agencies will be notified of any such merger or consolidation.

Appears in 14 contracts

Samples: Indenture (Cit Equipment Collateral 2006-Vt2), Indenture (Cit Funding Co, LLC), Indenture (Cit Funding Co, LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Rating Agencies and the Depositor with Noteholders prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 12 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 11 contracts

Samples: Indenture (Saxon Asset Securities Trust 2005-1), Indenture (Sast 2006-3), Indenture (Saxon Asset Securities Trust 2004-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 10 contracts

Samples: Indenture (CarMax Auto Owner Trust 2004-1), Indenture (CarMax Auto Owner Trust 2004-2), Indenture (CarMax Auto Owner Trust 2005-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that if such corporation or banking association must be otherwise qualified and successor Indenture Trustee is not eligible under Section 6.11. The , then the successor Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor be replaced in accordance with prior written notice Section 6.08. Notice of any such transactionevent shall be promptly given to each Rating Agency by the successor Indenture Trustee. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion, consolidation or conversion to the Indenture Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes 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 the Recovery Bonds so authenticated, ; and in case at that time any of the Notes Recovery Bonds shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes the Recovery Bonds either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Recovery Bonds or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 9 contracts

Samples: Indenture (PACIFIC GAS & ELECTRIC Co), Indenture (PG&E Recovery Funding LLC), Indenture (PG&E Recovery Funding LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates or merges with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association shall, without any further act shall act, be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b, and in accordance with Section 1.02(c) If of the Administration Agreement, the Administrator will make such notice available to each Rating Agency. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which as is provided anywhere in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 9 contracts

Samples: Indenture (Honda Auto Receivables 2023-4 Owner Trust), Indenture (Honda Auto Receivables 2023-4 Owner Trust), Indenture (American Honda Receivables LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, that Trustee if such surviving Person or transferee corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Servicer and the Depositor with Rating Agencies reasonable prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 9 contracts

Samples: Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables 2010-a Owner Trust), Indenture (Nissan Auto Receivables 2010-a Owner Trust)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Rating Agencies and the Depositor with Noteholders prior written notice of any such transaction. (b) If transition. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 8 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association association, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesDepositor, the Administrator Servicer and the Depositor with Rating Agencies prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 8 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2015-1), Indenture (Mercedes-Benz Auto Receivables Trust 2014-1), Indenture (Mercedes-Benz Auto Receivables Trust 2013-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior Agencies written notice of any such transaction. (b) If transaction after the Closing Date. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 8 contracts

Samples: Indenture (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A), Indenture (Irwin Whole Loan Home Equity Trust 2005-B), Indenture (Irwin Whole Loan Home Equity Trust 2005-C)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) . If at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture and 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 if at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 7 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2005-2), Indenture (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A), Indenture (Merrill Lynch Mortgage Investors Inc)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior prompt written notice of any such transaction. (b) If transaction and the Administrator shall provide each Rating Agency prompt notice thereof. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 6 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2011-2), Indenture (Harley-Davidson Motorcycle Trust 2011-2), Indenture (Harley-Davidson Motorcycle Trust 2011-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesDepositor, the Administrator Servicer, the Rating Agencies and the Depositor with prior written Noteholders notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 6 contracts

Samples: Indenture (California Republic Auto Receivables Trust 2017-1), Indenture (California Republic Auto Receivables Trust 2016-2), Indenture (California Republic Auto Receivables Trust 2016-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 6 contracts

Samples: Indenture (SunTrust Mortgage Securitization, LLC), Indenture (NYMT Securities CORP), Indenture (Greenpoint Mortgage Funding Trust 2005-He4)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 5 contracts

Samples: Indenture, Indenture, Indenture

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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. The Indenture Trustee shall provide the Rating Agencies and the Issuer prior written notice of any such transaction unless prohibited by law or by the applicable agreement; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor successor(s) by merger, conversion or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates of authentication shall have the full force which and effect to the Notes or this Indenture provide that same extent given to the certificate of authentication of the Indenture Trustee shall haveanywhere in the Notes or in this Indenture.

Appears in 5 contracts

Samples: Indenture (GE Equipment Midticket LLC, Series 2011-1), Indenture (GE Equipment Midticket LLC, Series 2011-1), Indenture (Cef Equipment Holding LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) . If at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 if at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates authenticated by the successor Indenture Trustee shall have the full force which and effect for purposes of this Indenture and the Notes or this Indenture provide that the as any certificate of authentication executed and delivered by the predecessor Indenture Trustee shall haveTrustee.

Appears in 4 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2024-A), Indenture Agreement (BMW Vehicle Owner Trust 2024-A), Indenture (BMW Vehicle Owner Trust 2023-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) If transaction provided it is not otherwise obligated to maintain such information confidential. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 4 contracts

Samples: Indenture, Indenture (National Collegiate Student Loan Trust 2007-1), Indenture

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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. The Indenture Trustee shall provide the Rating Agencies and the Issuer prior written notice of any such transaction; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor successor(s) by merger, conversion or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates of authentication shall have the full force which and effect to the Notes or this Indenture provide that same extent given to the certificate of authentication of the Indenture Trustee shall haveanywhere in the Notes or in this Indenture.

Appears in 4 contracts

Samples: Indenture (Case Receivables Ii Inc), Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1), Indenture (Cef Equipment Holding LLC)

Successor Indenture Trustee by Xxxxxx. (a) 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, depository institution the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must depository institution shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If transaction within 30 days of such consolidation or merger. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of Indenture, 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In , and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 4 contracts

Samples: Indenture Agreement (Financial Services Vehicle Trust), Indenture (Financial Services Vehicle Trust), Indenture (BMW Auto Leasing LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) . If at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture and any of the Notes 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 Bonds so authenticated, ; and in case if at that time any of the Notes Bonds shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes Bonds either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is in the Notes Bonds or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Indenture (Impac CMB Trust Series 2005-8), Indenture (IMPAC CMB Trust Series 2005-5), Indenture (Imh Assets Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with prior Agency written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Indenture (Greenpoint Mortgage Funding Trust 2005-He3), Indenture (Lehman ABS Corp. Home Equity Loan Trust 2005-1), Indenture (Greenpoint Mortgage Funding Trust 2006-He1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor by merger, conversion, consolidation or successors by consolidation, merger or conversion transfer 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 indenture trustee and deliver such Notes so authenticated, ; and in case at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere provided in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Master Indenture, Master Indenture (Atlanticus Holdings Corp), Master Indenture (Atlanticus Holdings Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Issuer and the Depositor with Rating Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee Indenture Trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates certificate of authentication shall have the same full force which as is provided anywhere in the Notes or in this Indenture provide that with respect to the certificate of authentication of the Indenture Trustee shall haveTrustee.

Appears in 3 contracts

Samples: Indenture (Chase Manhattan Bank Usa), Indenture (Chase Manhattan Bank Usa), Indenture (Chase Manhattan Bank Usa)

Successor Indenture Trustee by Xxxxxx. (a) 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, depository institution the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must depository institution shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of Indenture, 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In , and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Indenture (BMW Auto Leasing LLC), Indenture (Nissan Auto Lease Trust 2003-A), Indenture (Nissan Auto Lease Trust 2004-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.12. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If transaction to the Rating Agencies. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Indenture (SLC Private Student Loan Trust 2006-A), Indenture (SLC Student Loan Trust 2007-1), Indenture (SLC Student Loan Trust 2007-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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. The Indenture Trustee shall provide the Rating Agencies prior written notice of any such transaction; provided, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Indenture (Metlife Capital Equipment Loan Trusts), Indenture (Metlife Capital Equipment Loan Trusts), Indenture Agreement (Metlife Capital Equipment Loan Trusts)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with prior written Agency prompt notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 3 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2009-4), Indenture (Harley-Davidson Motorcycle Trust 2009-3), Indenture (Harley-Davidson Motorcycle Trust 2009-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Greenpoint Home Equity Loan Trust 1999 2), Indenture (Prudential Securities Secured Financing Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, provided it meets the eligibility requirements of Section 6.12, without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor with prior Noteholders written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers or sells all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If at the time such successor by merger, conversion, consolidation or successors by consolidation, merger or conversion transfer to the Indenture Trustee shall succeed to the trusts created by this Indenture such position, and 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 indenture trustee and deliver such Notes so authenticated, ; and in case at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere provided in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (OneMain Financial Holdings, Inc.), Indenture (OneMain Financial Holdings, Inc.)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, then the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice (in accordance with Section 10.19) of any such transaction. (b) transaction occurring after the Closing Date. If at the time of any such successor succession by merger, conversion or successors by consolidation, merger or conversion to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, then 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 . If at that such time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases cases, such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Phoenix Residential Securities, LLC), Indenture (Phoenix Residential Securities, LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior Agencies written notice of any such transaction. (b) If transaction after the Closing Date. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall haveIndenture.

Appears in 2 contracts

Samples: Indenture (Home Equity Mortgage Trust 2007-1), Indenture (Home Equity Mortgage Trust 2006-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2012-2), Indenture (CarMax Auto Owner Trust 2012-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Administrator[, the Swap Counterparty] and the Depositor with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Carmax Auto Funding LLC), Indenture (Carmax Auto Funding LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, provided it meets the eligibility requirements of Section 6.12, without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Class A Insurer and the Depositor with prior Backup Insurer written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Credit Acceptance Corporation), Indenture (Credit Acceptance Corporation)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (CarMax Auto Owner Trust 2010-2), Indenture (CarMax Auto Owner Trust 2009-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If transaction to the Rating Agencies. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (SLM Private Credit Student Loan Trust 2006-A), Indenture (SLM Private Credit Student Loan Trust 2006-B)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers or sells all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor by merger, conversion, consolidation or successors by consolidation, merger or conversion transfer to the Indenture Trustee shall succeed to the trusts created by this Indenture such position 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 indenture trustee and deliver such Notes so authenticated, ; and in case at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere provided in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Springleaf Finance Corp), Indenture (Springleaf Holdings, Inc.)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.12. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2023-B), Indenture (Hyundai Auto Receivables Trust 2023-B)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture ------------------------------------- Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Greenpoint Credit LLC), Indenture (Firstplus Investment Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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. The Indenture Trustee shall provide, as soon as practicable, the Rating Agencies and the Issuer written notice of any such transaction; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor successor(s) by merger, conversion or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such 700148678 06142559 certificates of authentication shall have the full force which and effect to the Notes or this Indenture provide that same extent given to the certificate of authentication of the Indenture Trustee shall haveanywhere in the Notes or in this Indenture.

Appears in 2 contracts

Samples: Indenture (GE Equipment Transportation LLC, Series 2011-1), Indenture (GE Equipment Transportation LLC, Series 2011-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.12. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior Agencies written notice of any such transaction. (b) If transaction after the Closing Date. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Heloc Asset-Backed Notes Series 2003-2), Indenture (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior prompt written notice of any such transaction. (b) If transaction and the Administrator shall provide each Rating Agency prompt notice thereof. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2012-1), Indenture (Harley-Davidson Motorcycle Trust 2012-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association Person without any further act shall will be the successor Indenture Trustee; provided, however, provided that such corporation or banking association must be Person is otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall must provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . If, at the time such successor or successors by consolidationmerger, merger conversion, consolidation or conversion transfer to the Indenture Trustee shall succeed succeeds to the trusts created by this Indenture 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 have not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall will have the full force which and effect as provided in the Notes or in this Indenture provide that the certificate with respect to certificates of authentication of the Indenture Trustee shall haveTrustee.

Appears in 2 contracts

Samples: Indenture (Ford Credit Floorplan LLC), Indenture (Ford Credit Floorplan LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall (subject to replacement as provided in Section 6.8) be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association association, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Swap Counterparty and the Depositor with prior written notice of any such transactiontransaction and shall provide the Depositor with written notice of such event no later than five Business Days after the effective date of such merger, together with the information reasonably requested by the Depositor in order to comply with its reporting obligation under the Exchange Act with respect to a successor Indenture Trustee. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (Wachovia Auto Owner Trust 2008-A)

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Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association association, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesDepositor, the Administrator Servicer, the Rating Agencies and the Depositor with prior written Noteholders notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any the predecessor trustee Indenture Trustee or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates of authentication shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of authentication of the Indenture Trustee shall have.

Appears in 2 contracts

Samples: Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2018-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.12. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior Agencies written notice of any such transaction. (b) If transaction after the Closing Date. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases each such certificates certificate shall have the full force which is provided in the Notes or and in this Indenture provide that the any properly authenticated certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Holdings and the Depositor Back-Up Manager with prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Alpine Summit Energy Partners, Inc.)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Rating Agencies and the Depositor with Noteholders prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force 23919155.5 which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Credit Acceptance Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall (unless the Indenture Trustee is JPMorgan Chase Bank, N. A.) provide the Insurer and each Rating Agencies, the Administrator and the Depositor with prior written Agency prompt notice of any such transaction. (b) If . In case at the time such successor by merger, conversion or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which the Notes or this Indenture provide that and effect of the certificate of the Indenture Trustee shall havepursuant to the Notes or this Indenture.

Appears in 1 contract

Samples: Indenture (Onyx Acceptance Owner Trust 2005-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, provided it meets the eligibility requirements of Section 6.12, without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor with prior Class A Insurer written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Credit Acceptance Corporation)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture ------------------------------------- Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall otherwise be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture ------------ Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Financial Asset Securities Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture ------------------------------------- Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 ertificate 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Firstplus Investment Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture ------------------------------------- Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise -------- qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Swap Counterparty and the Depositor with Swap Guarantor prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have. Section 6.10.

Appears in 1 contract

Samples: Indenture (Lehman Abs Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture ------------------------------------- Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies (and the Depositor with Swap Counterparty) prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Ml Asset Backed Corp)

Successor Indenture Trustee by Xxxxxx. (a) 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, depository institution the resulting, surviving or transferee corporation or banking association entity, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must entity shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of Indenture, 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In , and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Ryder Truck Rental Lt)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes 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 Bonds so authenticated, ; and in case at that time any of the Notes Bonds shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes Bonds either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes Bonds or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be acceptable to the Note Insurer and otherwise be qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator Note Insurer and the Depositor with Rating Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 and shall not be an Affiliate of the Owner Trustee. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Household Consumer Loan Trust 1997-2)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or -------- ------- banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidation, merger or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Pooled Auto Securities Shelf LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 below. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Household Mortgage Loan Trust 2003-Hc1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.12. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.. 45 (2013-C Indenture)

Appears in 1 contract

Samples: Indenture (Hyundai Auto Receivables Trust 2013-C)

Successor Indenture Trustee by Xxxxxx. (a) 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, depository institution the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must depository institution shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with prior Agency written notice of any such transaction. (b) If transaction within 30 days of such consolidation or merger. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of Indenture, 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In , and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (BMW Auto Leasing LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with prior written Agency prompt notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (NCT Funding Co LLC)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Issuer and the Depositor with prior Rating Agencies written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture the Indenture, any of the Investor 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 Investor Notes so authenticated, ; and in case at that time any of the Investor Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Investor Notes either in the name of any predecessor trustee Indenture Trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates certificate of authentication shall have the same full force which as is provided anywhere in the Investor Notes or this in the Indenture provide that with respect to the certificate of authentication of the Indenture Trustee shall haveTrustee.

Appears in 1 contract

Samples: Base Indenture (PHH Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall otherwise be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator Securities Insurer and the Depositor with Rating Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator Issuer and the Depositor with Rating Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Chase Education Loan Trust 2007-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, that Trustee if such surviving Person or transferee corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The (Nissan 2003-B Indenture) 40 Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Servicer and the Depositor with Rating Agencies reasonable prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Nissan Auto Receivables 2003-B Owner Trust)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior written notice of any such transaction. (b) If In case at the time such successor by merger, conversion, consolidation or successors by consolidation, merger or conversion transfer to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes or O/C Certificates shall have been authenticated but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor indenture trustee and deliver such Notes or O/C Certificates so authenticated, ; and in case at that time any of the Notes or O/C Certificates shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee or O/C Certificates in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere provided in the Notes or O/C Certificates or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Master Indenture (Compucredit Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, then the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) transaction occurring after the Closing Date. If at the time of any such successor succession by merger, conversion or successors by consolidation, merger or conversion to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, then 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 . If at that such time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases cases, such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Wachovia Asset Securitization Inc 2002 He2 Trust)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor Agencies with prior written notice of any such transaction. (b) If at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture 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 if at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Mmca Auto Receivables Trust)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, provided it meets the eligibility requirements of Section 6.12, without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor with prior Noteholders written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any 20510355.11 predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Credit Acceptance Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, provided it meets the eligibility requirements of Section 6.12, without any further act shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor with prior Noteholders written notice of any such transaction. (b) If . 19914942.3 In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Credit Acceptance Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In all such cases such certificates shall have the full force which the Notes or this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (FBR Securitization, Inc.)

Successor Indenture Trustee by Xxxxxx. (a) If the ------------------------------------- Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with Agencies prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Credit Suisse First Boston Mortgage Securities Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trusteeindenture trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor Issuer with prior written notice notice, and the Noteholders with prompt written notice, of any such transaction. (b) . If at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture and 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 if at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which is in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (GSR Trust 2005-Hel1)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Swap Counterparty and the Depositor with Securities Insurer prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Keycorp Student Loan Trust 2003-A)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates or merges with, merges or converts into, or transfers all or substantially all its corporate trust 42 business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association shall, without any further act shall act, be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which as is provided anywhere in the Notes or in this Indenture provide that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (American Honda Receivables Corp Honda Auto Rec 03 4 Owner Tr)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to to, another corporation or banking association, as applicable, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Indenture Trustee; provided, however, provided that such corporation or banking association must shall be otherwise qualified and eligible hereunder and under Section 6.11any other Operative Document. The Indenture Trustee shall provide the each Rating Agencies, the Administrator and the Depositor with Agency prior written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of the Notes which shall have been authenticated by the Indenture Trustee but not delivered, any such successor to the Indenture Trustee may adopt the certificate of authentication of any predecessor indenture trustee and deliver such Notes so authenticated, ; and in case at that time any of the Notes shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (HMB Acceptance Corp.)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to to, another corporation or banking associationassocia- tion, the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating AgenciesIssuer, the Administrator Rating Agencies and the Depositor Bond Insurer with prior written notice of any such transaction. (b) . If at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture and any of the Notes 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 Bonds so authenticated, ; and in case if at that time any of the Notes Bonds shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes Bonds either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is in the Notes Bonds or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Novastar Mortgage Funding Corp)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior Issuer written notice of any such transaction. (b) If . In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture the 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee Indenture Trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates certificate of authentication shall have the same full force which as is provided anywhere in the Notes or this in the Indenture provide that with respect to the certificate of authentication of the Indenture Trustee shall haveTrustee.

Appears in 1 contract

Samples: Base Indenture (Enova International, Inc.)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to 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, however, provided that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor Ambac with prior written notice of any such transaction. (b) If transaction provided it is not otherwise obligated to maintain such information confidential. In case at the time such successor or successors by consolidationmerger, merger conversion or conversion 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture

Successor Indenture Trustee by Xxxxxx. (a) 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, depository institution the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must depository institution shall be otherwise qualified and eligible under Section 6.11. The Indenture Trustee shall provide the Rating Agencies, the Administrator and the Depositor with prior prompt written notice of any such transaction. transaction to the Administrative Agent (band the Administrative Agent will provide each Rating Agency with notice thereof pursuant to Section 1.02(k) If of the Trust Administration Agreement). In case at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture any of Indenture, 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 such successor to the Indenture Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In , and in all such cases such certificates shall have the full force which that it is anywhere in the Notes or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Nissan-Infiniti Lt)

Successor Indenture Trustee by Xxxxxx. (a) If the Indenture Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association corporation, without any further act act, shall be the successor Indenture Trustee; provided, however, that such corporation or banking association must shall be otherwise qualified and eligible under Section 6.116.11 hereof. The Indenture Trustee shall provide the Rating Agencies, the Administrator Agencies and the Depositor Bond Insurer with prior written notice of any such transaction. (b) . If at the time such successor or successors by consolidationmerger, merger conversion or conversion consolidation to the Indenture Trustee shall succeed to the trusts created by this Indenture and any of the Notes 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 Bonds so authenticated, ; and in case if at that time any of the Notes Bonds shall not have been authenticated, any such successor to the Indenture Trustee may authenticate such Notes Bonds either in the name of any predecessor trustee hereunder or in the name of the successor to the Indenture Trustee. In ; and in all such cases such certificates shall have the full force which it is in the Notes Bonds or in this Indenture provide provided that the certificate of the Indenture Trustee shall have.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7)

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