Common use of Successor Trustee by Merger, etc Clause in Contracts

Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, be the successor Trustee. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidation, merger or conversion to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 34 contracts

Samples: Fresenius Medical Care AG & Co. KGaA, Fresenius Medical Care AG & Co. KGaA, Indenture (Fresenius Medical Care AG & Co. KGaA)

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Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation Person without any further act shall, if such resulting, surviving or transferee corporation Person is otherwise eligible hereunder, be the successor Trustee; provided, however, that such Person shall be otherwise qualified and eligible under this Article Seven. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 28 contracts

Samples: Indenture, (Kratos Defense & Security Solutions, Inc.), Registration Rights Agreement (Broadview Networks Holdings Inc), Indenture, (Kratos Defense & Security Solutions, Inc.)

Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationcorporation, the resulting, surviving or transferee corporation without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, be the successor Trustee. In case any Notes Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such NotesSecurities.

Appears in 15 contracts

Samples: Indenture (United Refining Co), Indenture (United Refining Co), Indenture (Tenneco Inc)

Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationcorporation, the resulting, surviving or transferee corporation without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, be the successor Trustee; provided that such corporation shall be otherwise qualified and eligible under this Article VII. In the case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion transfer to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 3 contracts

Samples: Intercreditor Agreement (Erickson Air-Crane Inc.), Intercreditor Agreement (Headwaters Inc), Intercreditor Agreement (Headwaters Inc)

Successor Trustee by Merger, etc. If the Trustee consolidates withconsolidates, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationcorporation, the resulting, surviving or transferee successor corporation without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, shall be the successor Trustee, provided that such corporation shall be otherwise qualified and eligible under this Article 7. In case any Notes shall have been authenticated, but not delivered, delivered by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 3 contracts

Samples: Matrix Capital Corp /Co/, Delta Financial Corp, Df Special Holdings Corp

Successor Trustee by Merger, etc. If the Trustee or Agent consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, be the successor Trustee. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidation, merger or conversion to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 2 contracts

Samples: Supplemental Indenture (Vantiv, Inc.), info.vantiv.com

Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationcorporation, the resulting, surviving or transferee corporation corporation, without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, be the successor Trustee. In case any Notes securities shall have been authenticated, but not delivered, by the Trustee then in office, any such successor by consolidation, merger or conversion to such authenticating Trustee may adopt such authentication and deliver the Notes Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such NotesSecurities.

Appears in 2 contracts

Samples: Indenture (Sentinel Financing LTD Lp), Indenture (Sentinel Financing LTD Lp)

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Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation Person without any further act shall, if such resulting, surviving or transferee corporation Person is otherwise eligible hereunder, be the successor Trustee; PROVIDED, HOWEVER, that such Person shall be otherwise qualified and eligible under this ARTICLE SEVEN. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 2 contracts

Samples: Indenture (Hines Horticulture Inc), Mortons Restaurant Group Inc

Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business to, another corporation or banking associationcorporation, the resulting, surviving or transferee corporation without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, be the successor Trustee, provided that such corporation shall be otherwise qualified and eligible under this Article VII. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 2 contracts

Samples: Orbital Imaging Corp, Orbital Imaging Corp

Successor Trustee by Merger, etc. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business (including this transaction) to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation Person without any further act shall, if such resulting, surviving or transferee corporation is otherwise eligible hereunder, shall be the successor Trustee; provided, however, that such Person shall be otherwise qualified and eligible under this Article 7. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by consolidationmerger, merger conversion or conversion consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes.

Appears in 1 contract

Samples: Indenture (Natura &Co Holding S.A.)

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