Common use of Successor Trustee by Merger Clause in Contracts

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Person, the resulting, surviving or transferee Person without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested by the Issuer to evidence such successor role. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor Trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which the Notes provide or this Indenture provides that the certificate of the Trustee shall have.

Appears in 3 contracts

Sources: Indenture (Howard Hughes Corp), Indenture (Howard Hughes Corp), Indenture (Howard Hughes Corp)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer to evidence such successor roleTrustee. (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Transition Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Transition Bonds so authenticated; and in case at that time any of the Notes Transition Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Transition Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Transition Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 3 contracts

Sources: Indenture (JCP&L Transition Funding II LLC), Indenture (JCP&L Transition Funding II LLC), Indenture (Jcp&l Transition Funding LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer successor Trustee and any agent in Luxembourg appointed pursuant to evidence such successor roleSection 3.02(b). (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Transition Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Transition Bonds so authenticated; and in case at that time any of the Notes Transition Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Transition Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Transition Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 3 contracts

Sources: Indenture (Pse&g Transition Funding LLC), Indenture (Atlantic City Electric Transition Funding LLC), Indenture (Pse&g Transition Funding LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer successor Trustee and any agent in Luxembourg appointed pursuant to evidence such successor roleSection 3.02(b). (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Securiti zation Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Securitiza tion Bonds so authenticated; and in case at that time any of the Notes Securitization Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securitization Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Securitization Bonds or by this Indenture provides that and this force and effect shall be equal to any certifi cate issued by the certificate of the Trustee shall haveTrustee.

Appears in 2 contracts

Sources: Indenture (Consumers Energy Co Financing V), Indenture (Consumers Funding LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer to evidence such successor roleTrustee. (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes BGS Transition Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes BGS Transition Bonds so authenticated; and in case at that time any of the Notes BGS Transition Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes BGS Transition Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide BGS Transition Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 2 contracts

Sources: Indenture (PSE&G Transition Funding II LLC), Indenture (PSE&G Transition Funding II LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer successor Trustee and any agent in Luxembourg appointed pursuant to evidence such successor roleSection 3.02(b). (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Securitization Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Securitization Bonds so authenticated; and in case at that time any of the Notes Securitization Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securitization Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Securitization Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 2 contracts

Sources: Indenture (Detroit Edison Securitization Funding LLC), Indenture (Detroit Edison Securitization Funding LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given by the Issuer successor Trustee to evidence such successor roleeach Rating Agency and any agent in Luxembourg appointed pursuant to Section 3.02(b). (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Transition Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Transition Bonds so authenticated; and in case at that time any of the Notes Transition Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Transition Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Transition Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (Atlantic City Electric Transition Funding LLC)

Successor Trustee by Merger. (a) If Any corporation or association into which the Trustee consolidates with, merges may be merged or converts intoconverted or with which it may be consolidated, or transfers any corporation or association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or association to which all or substantially all of its the corporate trust business of the Trustee may be sold or assets tootherwise transferred, another Person, shall be the resulting, surviving successor trustee hereunder; provided that such corporation or transferee Person association shall be otherwise qualified and eligible under this Article VII and Section 310 of the Trust Indenture Act without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trusteeact. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested by the Issuer to evidence such successor role. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the any predecessor Trusteetrustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such adopted certificates shall have the full force which of all provisions within the Notes provide or in this Indenture provides that relating to the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (Embraer S.A.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, or merges with or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, shall be the successor Trustee; provided, that in the case of a transfer of all or substantially all of its corporate trust business to another corporation, the transferee corporation expressly assumes all the Trustee's liabilities under the Indenture and the Securities. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested by the Issuer to evidence such successor role. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the any predecessor Trusteetrustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Notes provide Securities or in this Indenture provides provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor trustee or authenticate Securities in the name of any predecessor trustee shall only apply to its successors by merger, conversion or consolidation.

Appears in 1 contract

Sources: Indenture (Maxxam Inc)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor Trustee. Notice of any such event shall be promptly given to the Trustee. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested PUCT and to each Rating Agency by the Issuer successor Trustee and any agent in Luxembourg appointed pursuant to evidence such successor role. (b) the second paragraph of Section 3.02. In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Transition Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Transition Bonds so authenticated; and in case at that time any of the Notes Transition Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Transition Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Transition Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (CenterPoint Energy Transition Bond CO II, LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer successor Trustee and any agent in Luxembourg appointed pursuant to evidence such successor roleSection 3.02(b). (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Securiti zation Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Securitiza tion Bonds so authenticated; and in case at that time any of the Notes Securitization Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securitization Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Securitization Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (Consumers Funding LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee. Such successor Person shall, at the Issuer’s expense, execute Notice of any such supplement or other documentation reasonably requested event shall be promptly given to each Rating Agency by the Issuer to evidence such successor role. (b) Trustee. In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer shall succeed to the trusts created by this Indenture any of the Notes Transition Bonds shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of the predecessor any Retiring Trustee, and deliver such Notes Transition Bonds so authenticated; and in case at that time any of the Notes Transition Bonds shall not have been authenticated, any successor to the Trustee may authenticate such Notes Transition Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Transition Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (Pp&l Transition Bond Co Inc)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts intoint▇, or ▇▇ transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. Notice of any such event shall be promptly given to the Trustee. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested each Rating Agency by the Issuer to evidence such successor roleTrustee. (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer 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 Trustee may adopt the certificate of authentication of the predecessor any Retiring 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 successor to the Trustee may authenticate such Notes Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (FPL Recovery Funding LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor Trustee. Notice of any such event shall be promptly given to the Trustee. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested PUCT and to each Rating Agency by the Issuer successor Trustee and any agent in Luxembourg appointed pursuant to evidence such successor role. (b) the second paragraph of Section 3.02. In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer 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 Trustee may adopt the certificate of authentication of the predecessor any Retiring 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 successor to the Trustee may authenticate such Notes Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (CenterPoint Energy Restoration Bond Company, LLC)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another Personcorporation or banking association, the resulting, surviving or transferee Person corporation or banking association shall, without any further act shall, if such resulting, surviving or transferee Person is otherwise eligible under this Indentureact, be the successor Trustee; provided, however, that such corporation or banking association must be otherwise qualified and eligible under Section 6.11. Notice of any such event shall be promptly given to the Trustee. Such successor Person shall, at the Issuer’s expense, execute such supplement or other documentation reasonably requested each Rating Agency by the Issuer to evidence such successor roleTrustee. (b) In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation to the Trustee transfer 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 Trustee may adopt the certificate of authentication of the predecessor any Retiring 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 successor to the Trustee may authenticate such Notes Bonds either in the name of any predecessor Retiring Trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which and effect granted by the Notes provide Bonds or by this Indenture provides that and this force and effect shall be equal to any certificate issued by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Sources: Indenture (Florida Power & Light Co)