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
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-2)
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
Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Receivables Corp 2)
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
Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Intercreditor Agreement (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 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 14 contracts
Samples: Indenture (Valero L P), Indenture (Swift Energy Co), Indenture (Swift Energy 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 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
Samples: 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 12 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Pooling and Servicing Agreement (BLG Securities Company, LLC), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2005-C)
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
Samples: Indenture (Dr Pepper/Seven Up Beverage Sales Co), Indenture (Harman International Industries Inc /De/), 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 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 11 contracts
Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP), Indenture (Spectra Energy 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 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
Samples: Indenture (TMS Auto Holdings Inc), Indenture (Money Store Commercial Mortgage Inc), Money Store Home Equity 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
Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Cb Richard Ellis Services Inc), Indenture (Koll Donald M)
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
Samples: 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 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
Samples: 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 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
Samples: Supplemental Indenture (MSX International Business Services Inc), Reynolds R J Tobacco Co, BMG North America 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, 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
Samples: Indenture (United States Steel Corp), Indenture (Usx Corp), Indenture (Purina Mills 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 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 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 at that time any of the Certificates Securities of 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 which it is anywhere in the Certificates Securities of a series or in this Agreement provide Indenture provided that such certificates the certificate of the Trustee shall have.
Appears in 6 contracts
Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings), Supplemental Indenture (Laboratory Corp of America Holdings)
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
Samples: 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, 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
Samples: WFS Receivables Corp 3, WFS Receivables Corp 3, WFS Receivables Corp 4
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
Samples: 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 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
Samples: Indenture (Yum Brands Inc), Non Disturbance Agreement (Yum Brands Inc), Yum Brands Inc
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
Samples: Indenture (Primo Water Corp /CN/), 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
Samples: Indenture (Fs Equity Partners Iii Lp), Blum Capital Partners Lp, 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 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
Samples: Indenture (Starwood Hotels & Resorts), Starwood Hotel & Resorts Worldwide Inc, 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 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
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Supplemental Indenture (Hornbeck Offshore Services Inc /La), Indenture (Goodrich Petroleum 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, Trustee 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 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
Samples: Indenture (FSC Semiconductor Corp), Indenture (Intersil Holding Co), Fairchild Semiconductor International 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 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
Samples: Indenture (Computer Associates International Inc), Ticketmaster Corp /Il/, Friendly Ice Cream 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 . 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
Samples: Senior Indenture (Fossil Group, Inc.), 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
Samples: Planet Hollywood International Inc, Planet Hollywood International Inc, Planet Hollywood International 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 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 3 contracts
Samples: Exchange Indenture (Hudson Respiratory Care Inc), Century Maintenance Supply Inc, Hudson Respiratory Care 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 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 3 contracts
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2007-B), Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-C)
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 VII and TIA ss. If 3.10(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
Samples: Indenture (Spectrasite Holdings Inc), Spectrasite Holdings Inc, Spectrasite Holdings 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 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
Samples: Intercreditor Agreement (EM Holdings LLC), Intercreditor Agreement (Edgen Group Inc.), Intercreditor Agreement (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 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
Samples: Indenture (Terra Industries Inc), Terra Investment Fund 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, 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
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 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
Samples: Supplemental Indenture (Healthsouth Corp), Healthsouth 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
Samples: Indenture (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp
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
Samples: Supplemental Indenture (Superior Energy Services Inc), Indenture (L-1 Identity Solutions, 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
Samples: Skyworks Solutions Inc, Fairchild Semiconductor International 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 2 contracts
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
Samples: Harborside Healthcare Corp, Sailors 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
Samples: American Home Mortgage Investment Corp, Brooks Automation 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
Samples: Pooling Agreement (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 without any further act, act shall be the successor Trustee; providedTrustee and shall have all of the rights, that such corporation or banking association shall be otherwise qualified powers and eligible duties of the Trustee under Section 8.11 hereofthis Indenture. 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 Indenture and 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
Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)
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 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 2 contracts
Samples: Indenture (Green Tree Financial Corp), Green Tree Financial 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 Notes shall have been authenticated but not 128 Table of Contents 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
Samples: Exchange Agreement (Talos Energy Inc.), Exchange Agreement (SAILFISH ENERGY HOLDINGS Corp)
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; providedTrustee or the Collateral Agent, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofas applicable. 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
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
Samples: Indenture (CNX Resources Corp), Indenture (CNX 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 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 have.only apply to its successor or successors by merger, consolidation or conversion. 108
Appears in 2 contracts
Samples: Indenture (Cellu Tissue - CityForest LLC), Indenture (Cellu Tissue Holdings, 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
Samples: Indenture (Mediq Inc), Indenture (Mediq 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 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
Samples: Chiles Magellan 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, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 6.11 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 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
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 Agency 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 1 contract
Samples: Indenture (Americredit 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 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. SECTION 7.10.
Appears in 1 contract
Samples: Menasco Aerosystems 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
Samples: 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 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
Samples: 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
Samples: Electronic Data Systems Corp /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, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofthis Article 7 and TIA ss. If 3.10(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
Samples: Hollywood Entertainment Corp
Successor Trustee by Merger. If the Xx xxx 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
Samples: Indenture (Earthstone Energy 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 Seven 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 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
Samples: Mettler Toledo International 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 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
Samples: Bekins Co /New/
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
Samples: 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 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 hereof10.09. 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 1 contract
Samples: Pooling and Servicing Agreement (HMB Acceptance 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 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
Samples: Chirex 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 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
Samples: 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 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 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
Samples: Apogent Technologies 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 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 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, 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
Samples: Planet Hollywood International 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 of authentication of any 125 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, 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 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
Samples: Purchase (Group 1 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; 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
Samples: 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 (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 Installment 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 Installment Notes so authenticated; and if in case at that time any of the Certificates Installment Notes shall not have been authenticated, any successor to the Trustee may authenticate such Certificates Installment 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 Installment Notes or in this Agreement provide Indenture provided that such certificates the certificate of authentication of the Trustee shall have.
Appears in 1 contract
Samples: Indenture (Coca Cola Bottling Co Consolidated /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 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 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 intoin- to, 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. SECTION 7.10.
Appears in 1 contract
Samples: Townsquare Media, 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.. 84
Appears in 1 contract
Samples: Purchase Agreement (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 or banking association without any further act, act shall be the successor Trustee or successor Priority Lien Collateral Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereofanything herein to the contrary notwithstanding. 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 . 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
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
Samples: Terra 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, 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 xx 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
Samples: Indenture (Denbury Resources 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 hereofthis Article VII 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 1 contract
Samples: Spectrasite Inc
Successor Trustee by Merger. If the Trustee or Agent consolidates with, merges or converts into, or transfers all or substantially all of its corporate trust business or assets to, another corporation corporation, banking association or banking associationother entity, the resulting, surviving or transferee corporation, entity 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 hereofAgent. 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
Samples: Quiksilver 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 Person shall be otherwise qualified and eligible under Section 8.11 hereofthis Article VII. 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 same force as under the Certificates Notes or this Agreement provide that Indenture as if such certificates of were delivered by the Trustee shall haveTrustee.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Watson Wyatt Worldwide, 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. The Trustee shall provide the Rating Agency and the Issuer written notice of any such transaction; provided, however, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof6.11. If at the time of any such successor or successors succession by merger, conversion or consolidation to the Trustee, shall succeed to the trusts created by this Agreement and Trustee 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 trustee hereunder or in the name of the successor to the Trustee; and in all such cases such certificates of authentication shall have the full force as and effect to the Certificates or this Agreement provide that such certificates same extent given to the certificate of authentication of the Trustee shall haveanywhere in the Notes or in this Indenture.
Appears in 1 contract
Samples: Paragon 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, 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 in the Certificates Notes or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 1 contract
Samples: 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 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 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
Samples: Rj Reynolds Tobacco Holdings 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 notify the Company promptly of any 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 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
Samples: 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 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 afforded anywhere in the Certificates Debt Securities or in this Agreement provide that such certificates Indenture to a certificate of the Trustee shall haveTrustee.
Appears in 1 contract
Samples: Indenture (ONEOK 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, 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 hereofthe successor Trustee without any further 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 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
Samples: Indenture (Churchill Downs 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 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
Samples: Delco Remy International 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 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
Samples: 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 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 125 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
Samples: Indenture (Avis Budget 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, 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
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 44 any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.
Appears in 1 contract
Samples: Indenture (Manor Care 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, 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 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 Trusteetrustee; provided, provided that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof5.09. 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 any of Agreement, the Certificates Beneficial Interest Certificate shall have been authenticated but not delivered, any such successor to the Trustee trustee may adopt the certificate of authentication of any predecessor trustee and deliver such Certificates Beneficial Interest Certificate so authenticated; and if at in the event that time any of the Certificates Beneficial Interest Certificate shall not have been authenticated, any successor to the Trustee trustee may authenticate such Certificates Beneficial Interest Certificate either in the name of any predecessor hereunder or in the name of the successor to the Trusteeits own name; and in all such cases such certificates shall have the full force as which it is anywhere in the Certificates Beneficial Interest Certificate or in this Agreement provide provided that such certificates the certificate of the Trustee shall have.
Appears in 1 contract
Samples: Bayview Mortgage 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 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. 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 Notes have been authenticated but not delivered, any such the successor to the Trustee trustee may adopt the certificate of authentication of any the predecessor trustee and deliver such Certificates Notes so authenticated; and if at that time any of the Certificates shall Notes have not have been authenticated, any the successor to the Trustee may authenticate such Certificates those Notes either in the name of any the 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 such a certificate may have in the Certificates Notes or in this Agreement provide that such certificates of the Trustee shall haveIndenture.
Appears in 1 contract
Samples: Indenture (WFS Receivables Corp 2)
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
Samples: 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 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 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
Samples: Jonah Gas Gathering Co
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
Samples: Fleetwood Credit Receivables Corp
