Common use of Successor Trustee by Merger Clause in Contracts

Successor Trustee by Merger. If the 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 entity without any further act shall be the successor Trustee; PROVIDED that such corporation or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice of any such transaction as soon as practical thereafter. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 2 contracts

Samples: Indenture (Household Auto Receivables Corp), Household Auto Receivables Corp

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Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED that such corporation or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies and the Insurer with written notice of any such transaction as soon as practical thereafter. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: TFC Enterprises Inc

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED that such corporation or banking association Trustee and shall otherwise at all times be eligible required to meet the terms of eligibility under Section 6.11 hereof6.11. The Trustee shall provide the Rating Agencies Agency and the Insurer with written notice of any such transaction as soon as practical thereafter. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: TFC Enterprises Inc

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED that such corporation or banking association Trustee and shall otherwise at all times be eligible required to meet the terms of eligibility under Section 6.11 hereof6.11. The Trustee shall provide the Rating Agencies Agency and the Insurer with written notice of any such transaction as soon as practical thereafter. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (TFC Enterprises Inc)

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED provided that such corporation or banking association shall be otherwise be qualified and eligible under Section 6.11 hereof6.11. The Trustee shall provide the Rating Agencies with written prompt notice of any such transaction as soon as practical thereaftertransaction. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (Green Tree Financial Corp)

Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or corporation, banking association, organization or entity, the resulting, surviving or transferee entity organization or entity, without the execution or filing of any paper or any further act act, shall be the successor Trustee; PROVIDED that , provided such corporation organization or banking association entity shall be otherwise be qualified and eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice of any such transaction as soon as practical thereafter7.9. 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 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Ii-Vi Inc

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED that such corporation or banking association Trustee and shall otherwise at all times be eligible required to meet the terms of eligibility under Section 6.11 hereof6.11. The Trustee shall provide the Rating Agencies Agency and the Insurer with written notice of any such transaction as soon as practical thereafter. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: TFC Enterprises Inc

Successor Trustee by Merger. If the 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 entity without any further act corporation shall be the successor Trustee; PROVIDED that such corporation Trustee and shall have and succeed to the rights, powers, duties, immunities and privileges as its predecessor, without the execution or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice filing of any such transaction as soon as practical thereafterinstrument or paper or the performance of any further act. 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 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Axalta Coating Systems Ltd.

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED provided that no such corporation merger, conversion or banking association consolidation shall otherwise be eligible under relieve the Trustee of its obligation to comply with Section 6.11 hereof6.11. The Trustee shall provide the Rating Agencies with written prompt notice of any such transaction as soon as practical thereaftertransaction. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (Green Tree Lease Finance 1997-1 LLC)

Successor Trustee by Merger. If the 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 associationentity, the resulting, surviving or transferee entity without the execution or filing of any paper or any further act on the part of any parties hereto shall automatically be the successor Trustee; PROVIDED that , provided such corporation or banking association entity shall be otherwise be qualified and eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice of any such transaction as soon as practical thereafterthis Article 7. In case at the time such successor or successors by merger, conversion conversion, consolidation or consolidation transfer 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Confidential       Execution (Caesars Entertainment, Inc.)

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee. The Trustee shall provide the Note Insurer, the Rating Agency and the Issuer written notice of any such transaction; PROVIDED provided, however, that such corporation or banking association shall be otherwise be qualified and eligible under Section 6.11 hereof6.11. The Trustee shall provide If at the Rating Agencies with written notice time of any such transaction as soon as practical thereafter. In case at the time such successor or successors succession 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates of authentication shall have the full force which it is and effect to the same extent given to the certificate of authentication of the Trustee anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture.

Appears in 1 contract

Samples: Paragon Auto Receivables Corp

Successor Trustee by Merger. If Any corporation or banking 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 banking association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation or banking association to which all or substantially all its of the corporate trust business of the Trustee may be sold or assets tootherwise transferred, another corporation or banking association, the resulting, surviving or transferee entity without any further act shall be the successor Trustee; PROVIDED that such corporation or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice of trustee hereunder without any such transaction as soon as practical thereafterfurther act. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in of all provisions within the Notes or in this Indenture provided that relating to the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Samples: Indenture (BM&FBOVESPA S.A. - Securities, Commodities & Futures Exchange)

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Successor Trustee by Merger. If the 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 entity without any further act corporation shall be the successor Trustee; PROVIDED that such corporation Trustee and shall have and succeed to the rights, powers, duties, immunities and privileges as its predecessor, without the execution or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice filing of any such transaction as soon as practical thereafterinstrument or paper or the performance of any further act. [[5541447]] 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 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (Axalta Coating Systems Ltd.)

Successor Trustee by Merger. If Any business entity into which the Trustee consolidates with, merges may be merged or converts intoconverted or with which it may be consolidated, or transfers any entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any entity succeeding to all or substantially all its of the corporate trust business or assets toof the Trustee, another corporation or banking association, the resulting, surviving or transferee entity without any further act shall be the successor Trustee; PROVIDED that such corporation of the Trustee hereunder, without the execution or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice filing of any such transaction as soon as practical thereafterpaper or any further act on the part of any of the parties hereto. 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 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (Zekelman Industries, Inc.)

Successor Trustee by Merger. If the 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 entity corporation, without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto except where an instrument of transfer or assignment is required by law to effect such succession, shall be the successor Trustee; PROVIDED that such corporation or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice of any such transaction as soon as practical thereafter. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Adecoagro S.A.

Successor Trustee by Merger. If Any business entity into which the Trustee consolidates with, merges may be merged or converts intoconverted or with which it may be consolidated, or transfers any entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any entity succeeding to all or substantially all its of the corporate trust business or assets toof the trustee, another corporation or banking association, the resulting, surviving or transferee entity without any further act shall be the successor Trustee; PROVIDED that such corporation , without the execution or banking association shall otherwise be eligible under Section 6.11 hereof. The Trustee shall provide the Rating Agencies with written notice filing of any such transaction as soon as practical thereafterpaper or any further act of any party. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Supplemental Indenture (Mariner, LLC)

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee; PROVIDED provided that such corporation or banking association shall be otherwise be qualified and eligible under this Article VII and Section 6.11 hereof. The Trustee shall provide 310(a) of the Rating Agencies with written notice Trust Indenture Act, without the execution or filing of any such transaction as soon as practical thereafterpaper or any further act on the part of the parties hereto. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall havehave executed.

Appears in 1 contract

Samples: Valspar Corp

Successor Trustee by Merger. If the 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 entity corporation or banking association without any further act shall be the successor Trustee; PROVIDED that , provided such corporation or banking association shall be otherwise be qualified and eligible under Section 6.11 hereof. The Trustee shall provide this Article, without the Rating Agencies with written notice execution or filing of any such transaction as soon as practical thereafterpaper or any further act on the part of any other parties hereto. 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the 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 84 certificates shall have the full force which it is anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: TMM Lines LTD LLC

Successor Trustee by Merger. If the 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 entity corporation without any further act shall be the successor Trustee. The Trustee shall provide the Rating Agencies, the Note Insurer and the Issuer prior written notice of any such transaction; PROVIDED provided, however, that such corporation or banking association shall be otherwise be qualified and eligible under Section 6.11 hereof6.11. The Trustee shall provide If at the Rating Agencies with written notice time of any such transaction as soon as practical thereafter. In case at the time such successor or successors succession 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 any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates of authentication shall have the full force which it is and effect to the same extent given to the certificate of authentication of the Trustee anywhere in the Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture.

Appears in 1 contract

Samples: Indenture (Reliance Acceptance Group Inc)

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