Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, without any further act, shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If at the time such successor or successors by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and any of the Certificates 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 Certificates so authenticated; and if at that time any of the Certificates shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as the Certificates or this Agreement provide that such certificates of the Trustee shall have.
Appears in 24 contracts
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-3), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.11. If The Trustee shall provide the Insurer and each Rating Agency prompt notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 19 contracts
Sources: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial 1997-B Owner Trust), Indenture (WFS Financial 1997-D Owner Trust)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 15 contracts
Sources: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking associationbank, the resulting, surviving or transferee corporationcorporation or bank, without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association bank shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7. If In case at the time such successor or successors (by merger, conversion conversion, transfer of all or consolidation substantially all of its corporate trust business or consolidation) to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates 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 same full force and effect as if they had been authenticated by the Certificates or this Agreement provide that such certificates of the Trustee shall havepredecessor Trustee.
Appears in 14 contracts
Sources: Indenture (Starwood Property Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof9.09. If The Trustee shall provide each Rating Agency prior written notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and any of the Certificates 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 Certificates so authenticated; and if in case at that time any of the Certificates shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates or in this Agreement provide provided that such certificates the certificate of the Trustee shall have.
Appears in 13 contracts
Sources: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A), Pooling and Servicing Agreement (Bayview Financial Sec Co LLC Mort Pas THR Certs Ser 2004 C)
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 corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further actact shall, shall if such resulting, surviving or transferee corporation or banking association is otherwise eligible under this Indenture, be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If .
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which the Certificates Notes provide or this Agreement provide Indenture provides that such certificates the certificate of the Trustee shall have.
Appears in 12 contracts
Sources: Indenture (Hudbay Minerals Inc.), Indenture (Sibanye Stillwater LTD), Indenture (Hudbay Minerals 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 corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agencies and the Note Insurer with written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If transaction.
(b) In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 11 contracts
Sources: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation . The predecessor Trustee shall have no liability for any action or banking association shall be otherwise qualified and eligible under Section 8.11 hereofinaction by any successor Trustee. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 11 contracts
Sources: Indenture (Dr Pepper/Seven Up Beverage Sales Co), Indenture (Gw Pharmaceuticals PLC), Indenture (Harman International Industries Inc /De/)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agencies prior written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereoftransaction. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 8 contracts
Sources: Indenture (TMS Auto Holdings Inc), Indenture (Barnett Auto Receivables Corp), Indenture (Oxford Resources Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets (including the administration of the trust created by this Indenture) to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 7 contracts
Sources: Indenture (Koll Donald M), Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under this Article VII and TIA Section 8.11 hereof3.10(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 6 contracts
Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture Agreement (Usx Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 6 contracts
Sources: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.11. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere provided for in the Certificates Notes or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 6 contracts
Sources: Indenture (Hercules Capital, Inc.), Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 6 contracts
Sources: Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (Worthington Industries Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under this Article 7 and TIA Section 8.11 hereof3.10(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 6 contracts
Sources: Indenture (Rj Reynolds Tobacco Holdings Inc), Indenture (RJR Acquisition Corp), Indenture (Oxford Automotive Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.11. If The Trustee shall provide each Rating Agency prompt notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 6 contracts
Sources: Indenture (WFS Receivables Corp 3), Indenture (WFS Receivables Corp 3), Indenture (WFS Receivables Corp 4)
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 corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further actact shall, shall if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If .
(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 Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any applicable predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which the Certificates Notes provide or this Agreement provide Indenture provides that such certificates the certificate of the Trustee shall have.
Appears in 5 contracts
Sources: Indenture (Alcoa Corp), Indenture (Alcoa Corp), Indenture (Alcoa Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 4 contracts
Sources: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Goodrich Petroleum Corp), Indenture (Cogent Communications Group Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate corporate-trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided. As promptly as practicable thereafter, that the Trustee shall notify the Issuer of such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofsuccession. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if at that time any of the Certificates Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 4 contracts
Sources: Indenture (Starwood Hotels & Resorts), Indenture (Starwood Hotel & Resorts Worldwide Inc), Indenture (Enron Corp/Or/)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof9.09. If The Trustee shall provide each Rating Agency prior written notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and any of the Certificates 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 Certificates so authenticated; and if in case at that time any of the Certificates shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates or in this Agreement provide provided that such certificates the certificate of the Trustee shall have.
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-A)
Successor Trustee by Merger. If the a Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, a Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the a Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the a Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the a Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 4 contracts
Sources: Indenture (Primo Water Corp /CN/), Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)
Successor Trustee by Merger. If the Trustee --------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets (including the administration of the trust created by this Indenture) to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 4 contracts
Sources: Indenture (Blum Capital Partners Lp), Indenture (Blum Capital Partners Lp), Indenture (Cbre Holding Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 4 contracts
Sources: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 4 contracts
Sources: Indenture (Trinseo S.A.), Indenture (Hersha Hospitality Trust), Indenture (Trinseo S.A.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under this Article Seven and TIA Section 8.11 hereof3.10(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 3 contracts
Sources: Indenture (Friendly Ice Cream Corp), Indenture (Computer Associates International Inc), Indenture (Ticketmaster Corp /Il/)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If this Article VII and TIA ss.
(a) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 3 contracts
Sources: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings 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 corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further actact shall, shall if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If .
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which the Certificates Notes provide or this Agreement provide Indenture provides that such certificates the certificate of the Trustee shall have.
Appears in 3 contracts
Sources: Indenture (Ero Copper Corp.), Indenture (New Gold Inc. /FI), Indenture (New Gold Inc. /FI)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that Trustee if such successor corporation or banking association shall be otherwise is eligible and qualified and eligible under Section 8.11 hereof7.10. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 3 contracts
Sources: Indenture (EM Holdings LLC), Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation . The predecessor Trustee shall have no liability for any action or banking association shall be otherwise qualified and eligible under Section 8.11 hereofinaction by any successor Trustee. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 3 contracts
Sources: Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that PROVIDED THAT such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7 and TIA ss. If 310(a). In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 3 contracts
Sources: Indenture (Planet Hollywood International Inc), Indenture (Planet Hollywood International Inc), Indenture (Planet Hollywood International Inc)
Successor Trustee by Merger. If the Trustee consolidates with, amalgamates with, merges with or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, amalgamation, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as that it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Purchase Agreement (Vivus Inc), Indenture (Vivus Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agencies with prior written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereoftransaction. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Ace Securities Corp), Indenture (Mellon Auto Receivables Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Noteholders and the Note Purchaser prior written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If transaction.
(a) In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and any of Indenture the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates the Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates the 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 2 contracts
Sources: Indenture (CNX Resources Corp), Indenture (CNX Resources 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 (including administration of this Indenture) to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; providedprovided that if such successor Trustee is not eligible to act as Trustee pursuant to Section 8.10, that such corporation or banking association successor Trustee shall be otherwise qualified and eligible under promptly resign pursuant to Section 8.11 hereof. If 8.07.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates 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 as the Certificates or this Agreement provide that such certificates of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (NRG Yield, Inc.), Indenture (NRG Yield, Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 2 contracts
Sources: Indenture (Bunge LTD), Indenture (Bunge LTD)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise it is qualified and eligible under Section 8.11 hereofhereunder. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Unit Corp), Indenture (Unit Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors to the Trustee by merger, conversion conversion, consolidation or consolidation to the Trustee, transfer shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 Trustee certificates shall have the full force as provided for in the Certificates Debt Securities or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 2 contracts
Sources: Indenture (Enbridge Energy Partners Lp), Indenture (Enbridge Energy Partners Lp)
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 corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agencies with written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If transaction.
(b) In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that so long as such corporation or banking association shall be otherwise qualified and is eligible under Section 8.11 hereofthis Article 7 and TIA § 310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Terra Investment Fund LLC), Indenture (Terra Industries Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association successor shall be otherwise eligible and qualified and eligible under in accordance with Section 8.11 hereof7.10. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (American Home Mortgage Investment Corp), Indenture (Brooks Automation 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 corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under subject to Section 8.11 7.09 hereof. If .
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any applicable predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time the Issuers have delivered an Authentication Order but there are any of the Certificates shall Notes that have not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which the Certificates Notes provide or this Agreement provide Indenture provides that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Alliance Holdings GP, L.P.), Indenture (Alliance Resource Partners Lp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide prior written notice of any such corporation or banking association shall be otherwise qualified transaction to each Noteholder and eligible under Section 8.11 hereof. If each Note Purchaser.
(a) In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and any of Indenture the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates the Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates the 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, however, that such corporation or banking association successor shall be otherwise eligible and qualified and eligible under Section 8.11 hereof7.10. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Mediq Inc), Indenture (Mediq 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 (including administration of this Indenture) to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; providedprovided that if such successor Trustee is not eligible to act as Trustee pursuant to Section 7.10, that such corporation or banking association successor Trustee shall be otherwise qualified and eligible under promptly resign pursuant to Section 8.11 hereof. If 7.07.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates 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 as the Certificates or this Agreement provide that such certificates of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Carriage Services Inc), Indenture (Carriage Services 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 corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further actact shall, shall if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to such Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If as applicable.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the such Trustee may adopt the certificate of authentication of any the predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the such Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the such Trustee; and in all such cases such certificates shall have the full force as which the Certificates Notes provide or this Agreement provide Indenture provides that the certificate of such certificates of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Brookfield Residential Properties Inc.), Indenture (Brookfield Residential Properties Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, Trustee provided that such corporation or banking association successor shall be otherwise eligible and qualified and eligible under Section 8.11 hereof8.10. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Fairchild Semiconductor International Inc), Indenture (Skyworks Solutions Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts exchanges into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion exchange or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or exchange.
Appears in 2 contracts
Sources: Indenture (Superior Energy Services Inc), Indenture (L-1 Identity Solutions, 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 corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agency with written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If transaction.
(b) In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Successor Trustee by Merger. If the Trustee --------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, without any further act, shall be the successor Trustee; provided, provided that such corporation or banking association Person shall be otherwise -------- qualified and eligible under Section 8.11 hereofthis Article VII. If In case at the time such successor or successors successors, by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 2 contracts
Sources: Indenture (Sailors Inc), Indenture (Harborside Healthcare 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 corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further actact shall, shall if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor to the Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If .
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any the predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which the Certificates Notes provide or this Agreement provide Indenture provides that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Howard Hughes Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Supplemental Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Sources: Supplemental Indenture (Community Health Systems Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under this Article VII and TIA Section 8.11 hereof310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture, provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Harvard Industries Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agencies and the Noteholder prior written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If transaction.
(a) In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and any of Indenture the Certificates Note shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates the Note so authenticated; and if in case at that time any of the Certificates Note shall not have been authenticated, any successor to the Trustee may authenticate such Certificates the Note 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 as which it is anywhere in the Certificates Note or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Variable Funding Note (Consumer Portfolio Services Inc)
Successor Trustee by Merger. If the Trustee ---------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, -------- that such corporation or banking association shall be otherwise it is qualified and eligible under Section 8.11 hereofhereunder. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall notify the Company promptly of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofsuccession. If 81 In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Shaw Group Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been 41 authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Jonah Gas Gathering Co)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that so long as such corporation or banking association shall be otherwise qualified and is eligible under this Article 7 and TIA Section 8.11 hereof310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee or the Collateral Agent consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation Trustee or banking association shall be otherwise qualified and eligible under Section 8.11 hereofCollateral Agent. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee or the Collateral Agent shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee or the Collateral Agent may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that provided such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; authenticated with the same effect as if such successor Trustee had itself authenticated the Notes, and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as the Certificates or this Agreement provide that such certificates of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (American Seafoods Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided. The Trustee shall provide the Noteholders and the Rating Agencies, that if any, written notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereoftransaction. If In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and any of Indenture the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates the Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates the 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates or merges with, merges or converts into, 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 corporationcorporation shall, without any further act, shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.12. If The Trustee shall provide each Rating Agency prompt notice of any such transaction. In the case that at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates 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 Certificates Notes so authenticated; and if in the case that at that time any of the Certificates Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trusteesuch successor; and in all such cases cases, such certificates shall have the full force as is provided anywhere in the Certificates Notes or this Agreement provide Indenture that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
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 (including this transaction) to, another corporation or national banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association Persons shall be otherwise qualified and eligible under Section 8.11 hereof. If this ARTICLE VII.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the TrusteeTrustee by consolidation, merger or conversion shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as if the Certificates or this Agreement provide that predecessor trustee had authenticated and delivered such certificates of the Trustee shall haveNotes.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking associationassocia-tion, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor suc-cessor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Sources: Indenture (Diversey Holdings, Ltd.)
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 (including this transaction) to, another corporation or national banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association Persons shall be otherwise qualified and eligible under Section 8.11 hereof. If this Article VII.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the TrusteeTrustee by consolidation, merger or conversion shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 force, as if the Certificates or this Agreement provide that predecessor trustee had authenticated and delivered such certificates of the Trustee shall haveNotes.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee --------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall -------- be otherwise qualified and eligible under this Article Seven and TIA Section 8.11 hereof3.10(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Prestolite Electric Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation corporation, savings bank or banking association, the resulting, surviving or transferee corporation, savings bank or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; providedprovided that, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.11. If The Trustee shall provide the Rating Agencies prior written notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 1 contract
Sources: Indenture (Ares Capital Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If this Article 7 and TIA ss.
(a) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under this Article VII and TIA Section 8.11 hereof3.10(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any Securities of the Certificates a Series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any Securities of the Certificates a Series shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as the Certificates that is provided anywhere in such Securities or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 1 contract
Sources: Indenture (Youbet Com Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into▇▇▇▇, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and , provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Sources: Indenture (Black & Decker Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7 and TIA (S) 310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; , provided, that such corporation or banking association shall be otherwise qualified and eligible under this Article 7 and TIA Section 8.11 hereof3.10(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Reynolds American Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that . The Trustee shall provide the Rating Agencies prompt notice of any such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereoftransaction. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Olympic Financial LTD)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall have.only apply to its successor or successors by merger, consolidation or conversion..
Appears in 1 contract
Sources: Indenture (TripAdvisor, 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 (including this transaction) to, another corporation or national banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association Persons shall be otherwise qualified and eligible under Section 8.11 hereof. If this ARTICLE VII.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture, provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee with respect to such series may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities of any series shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Certificates Securities either in the name of any predecessor hereunder or in the name of the successor to the TrusteeTrustee with respect to such series; and in all such cases such certificates shall have the full force as which it is anywhere in the Certificates Securities of such series or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Delhaize Group)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, PROVIDED that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Enodis PLC)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving surviving, or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors to the Trustee by merger, conversion conversion, or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture, provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates or amalgamates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee with respect to the Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion conversion, amalgamation or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Molson Coors Brewing Co)
Successor Trustee by Merger. If the ▇▇ ▇▇▇ Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Sources: Indenture (Earthstone Energy 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 corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If .
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Sources: Indenture (Trinseo PLC)
Successor Trustee by Merger. If the Trustee --------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, Trustee provided that such transferee corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7 to serve as Trustee hereunder. If If, at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if at that time time, any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Iron Age Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, --------------------------- or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, without any further act, shall be the successor Trustee; provided, provided that such corporation or banking association Person shall be otherwise qualified and eligible under Section 8.11 hereofthis Article VII. If -------- In case at the time such successor or successors successors, by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation c▇▇▇▇▇▇tion or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Snyder Oil Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business busi ness or assets (including the trust created by this Indenture) to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Ta Operating Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article Seven and TIA §310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Usani LLC)
Successor Trustee by Merger. If the Trustee --------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
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 (including this transaction) to, another corporation or national banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association Persons shall be otherwise qualified and eligible under Section 8.11 hereof. If this Article VII.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates name of the any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Sources: Indenture (Earthstone Energy 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 corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further actact shall, shall if such resulting, surviving or transferee Person is otherwise eligible under this Indenture, be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If .
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any applicable predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which the Certificates Notes provide or this Agreement provide Indenture provides that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Iamgold 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 (including administration of this Indenture) to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation, Person without any further act, act shall be the successor Trustee; providedprovided that if such successor Trustee is not eligible to act as Trustee pursuant to Section 8.10, that such corporation or banking association successor Trustee shall be otherwise qualified and eligible under promptly resign pursuant to Section 8.11 hereof. If 8.07.
(b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture, any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Certificates 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 as the Certificates or this Agreement provide that such certificates of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, PROVIDED that such corporation or banking association shall be otherwise qualified and eligible under this Article 7 and TIA Section 8.11 hereof310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under this Article VII and Section 8.11 hereof310(a) of the Trust Indenture Act. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Securities 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 shall have the full force as which it is anywhere in the Certificates Securities or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.11. If The Trustee shall provide the Rating Agencies prior written notice of any such transaction. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere provided for in the Certificates Notes or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 1 contract
Sources: Indenture (NewStar Financial, Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation or banking association without any further act, act shall be the successor Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If In case at the time such successor or successors to the Trustee by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Debt Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee Trustee, and deliver such Certificates Debt Securities so authenticated; and if in case at that time any of the Certificates Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Debt 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 as which it is anywhere in the Certificates Debt Securities or in this Agreement provide Indenture, provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (EnLink Midstream, LLC)
Successor Trustee by Merger. If the Trustee ---------------------------- consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, provided that such corporation or banking association successor shall be otherwise eligible and qualified and eligible under Section 8.11 hereof7.10. If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Securities so authenticated; and if in case at that time any of the Certificates Securities shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is provided anywhere in the Certificates Securities or in this Agreement provide Indenture that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Nabco Inc /Mi/)
Successor Trustee by Merger. If the Trustee consolidates --------------------------- with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation, corporation without any further act, act shall be the successor Trustee; provided, that so long as such corporation or banking association shall be otherwise qualified and is eligible under Section 8.11 hereofthis Article 7 and TIA (S) 310(a). If In case at the time such successor or successors by merger, conversion or consolidation to the Trustee, Trustee shall succeed to the trusts created by this Agreement and Indenture any of the Certificates Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee trustee, and deliver such Certificates Notes so authenticated; and if in case at that time any of the Certificates Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates 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 as which it is anywhere in the Certificates Notes or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Sources: Indenture (Terra Industries Inc)