Common use of Successor Trustee by Merger Clause in Contracts

Successor Trustee by Merger. Any Person into which the Trustee or any successor to it in the trusts created by this Indenture shall be merged or converted, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities shall have been authenticated but not delivered by the Trustee then in office, any successor to such Trustee may adopt the certificate of authentication of any predecessor Trustee, and deliver such Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which the Trustee or any successor to it in the trusts created by this Indenture shall be merged or converted, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities shall have been authenticated but not delivered by the Trustee then in office, any successor to such Trustee may adopt the certificate of authentication of any predecessor Trustee, and deliver such Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any successor to the such Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of the successor Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which If the Trustee consolidates with, merges or any successor to it in the trusts created by this Indenture shall be merged or convertedconverts into, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer transfers all or substantially all of the its corporate trust business of or assets to, another Person, the Trusteeresulting, surviving or transferee Person without any further act shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this ArticleTrustee. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities the Notes shall have been authenticated but not delivered by the Trustee then in officedelivered, any such successor to such the Trustee may adopt the certificate of authentication of any predecessor Trusteetrustee, and deliver such Securities Notes so authenticated; and in case if at that time any of the Securities Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that . Any corporation into which the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in any Paying Agent may be merged or converted, or any corporation with which the name of Trustee or Paying Agent may be consolidated, or any predecessor Trustee shall apply only to its successor or successors by corporation resulting from any merger, conversion or consolidationconsolidation to which the Trustee or Paying Agent shall be a party, or any corporation, including affiliated corporations, to which the Trustee or Paying Agent shall sell or otherwise transfer: (a) all or substantially all of its assets or (b) all or substantially all of its corporate trust business shall, on the date when the merger, conversion, consolidation or transfer becomes effective and to the extent permitted by any applicable laws and subject to any credit rating requirements set out in this Indenture become the successor Trustee or Paying Agent under this Indenture or any supplemental indenture without the execution or filing of any paper or any further act on the part of the parties to this Indenture, unless otherwise required by the Company, and after the said effective date all references in this Indenture or supplemental indenture to the Trustee or any Paying Agent shall be deemed to be references to such successor corporation. Written notice of any such merger, conversion, consolidation or transfer shall immediately be given to the Company by the Trustee or Paying Agent, as applicable.

Successor Trustee by Merger. Any Person corporation into which the Trustee or any successor to it in the trusts created by this Indenture shall be merged or converted, or any Person corporation with which it or any successor to it shall be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person corporation to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person corporation shall be otherwise qualified and eligible under this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities shall have been authenticated but not delivered by the Trustee then in office, any successor to such Trustee may adopt the certificate of authentication of any predecessor Trustee, and deliver such Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which the Trustee or any successor to it in the trusts created by this Indenture shall be merged or converted, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this Article. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of SecuritiesIndenture, any of such Securities Notes shall have been authenticated but not delivered by the Trustee then in office, any successor to such Trustee may adopt the certificate of authentication of any predecessor Trustee, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which the Trustee or any successor to it in the trusts created by this Indenture shall be merged or converted, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this ArticleArticle XI. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of SecuritiesIndenture, any of such Securities Notes shall have been authenticated but not delivered by the Trustee then in office, any successor to such Trustee may adopt the certificate of authentication of any predecessor Trustee, and deliver such Securities Notes so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Notes; and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the such Trustee may authenticate such Securities Notes either in the name of any predecessor Trustee hereunder or in the name of the successor Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture Indenture; provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which If the Trustee consolidates with, merges or any successor to it in the trusts created by this Indenture shall be merged or convertedconverts into, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer transfers all or substantially all of the its corporate trust business of or assets to, another Person, the Trusteeresulting, surviving or transferee Person without any further act shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this ArticleTrustee. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities the Notes shall have been authenticated but not delivered by the Trustee then in officedelivered, any such successor to such the Trustee may adopt the certificate of authentication of any predecessor Trusteetrustee, and deliver such Securities Notes so authenticated; and in case if at that time any of the Securities Notes shall not have been authenticated, any such successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of Indenture. Any corporation into which the Trustee shall have; providedor any Paying Agent may be merged or converted, however, that or any corporation with which the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of Paying Agent may be consolidated, or any predecessor Trustee shall apply only to its successor or successors by corporation resulting from any merger, conversion or consolidationconsolidation to which the Trustee or Paying Agent shall be a party, or any corporation, including affiliated corporations, to which the Trustee or Paying Agent shall sell or otherwise transfer: (a) all or substantially all of its assets or (b) all or substantially all of its corporate trust business shall, on the date when the merger, conversion, consolidation or transfer becomes effective and to the extent permitted by any applicable laws and subject to any credit rating requirements set out in this Indenture become the successor Trustee or Paying Agent under this Indenture or any supplemental indenture without the execution or filing of any paper or any further act on the part of the parties to this Indenture, unless otherwise required by the Issuer, and after the said effective date all references in this Indenture or supplemental indenture to the Trustee or any Paying Agent shall be deemed to be references to such successor corporation. Written notice of any such merger, conversion, consolidation or transfer shall immediately be given to the Issuer by the Trustee or Paying Agent, as applicable.

Successor Trustee by Merger. Any Person into which If the Trustee consolidates with, merges or any successor to it in the trusts created by this Indenture shall be merged or convertedconverts into, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer transfers all or substantially all of the its corporate trust business of or assets to, another corporation or banking association, the Trusteeresulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this ArticleTrustee. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities the Notes shall have been authenticated but not delivered by the Trustee then in officedelivered, any such successor to such the Trustee may adopt the certificate of authentication of any predecessor Trusteetrustee, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have. . The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the right to adopt operation of Section 310(b)(1) of the certificate TIA any series of authentication securities issued under this Indenture and any indenture or indentures under which other securities or certificates of any predecessor Trustee interest or authenticate Securities participation in other securities of the name Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidationthe TIA are met.

Successor Trustee by Merger. Any Person corporation into which the Trustee or any successor to it in the trusts created by this Indenture shall may be merged or converted, or any Person corporation with which it or any successor to it shall the Trustee may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person corporation, including affiliated corporations, to which the Trustee or any successor to it shall sell or otherwise transfer transfer: (a) all or substantially all of the its assets or (b) all or substantially all of its corporate trust business of shall, on the Trusteedate when the merger, shall be conversion, consolidation or transfer becomes effective and to the extent permitted by any applicable laws and subject to any credit rating requirements set out in this Noted Indenture become the successor Trustee under this Noted Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person to this Noted Indenture, unless otherwise required by the Issuer, and after the said effective date all references in this Noted Indenture to the Trustee shall be otherwise qualified and eligible under this Articledeemed to be references to such successor corporation. Written notice of any such merger, conversion, consolidation or transfer shall immediately be given to the Issuer by the Trustee. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of SecuritiesIndenture, any of such Securities the Notes shall have been authenticated but not delivered by the Trustee then in officedelivered, any such successor to such the Trustee may adopt the certificate of authentication of any predecessor Trusteetrustee, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which If the Trustee consolidates or merges with or converts into, or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor to it Trustee; provided, that in the trusts created by this Indenture shall be merged or converted, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be case of a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer of all or substantially all of the its corporate trust business of to another corporation, the transferee corporation expressly assumes all the Trustee, shall be 's liabilities under the successor Trustee under this Indenture without and the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this ArticleSecurities. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such the Securities shall have been authenticated but not delivered by the Trustee then in officedelivered, any such successor to such the Trustee may adopt the certificate of authentication of any predecessor Trusteetrustee, and deliver such Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities or in this Indenture provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee trustee or authenticate Securities in the name of any predecessor Trustee trustee shall only apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person corporation into which the Trustee or any successor to it in the trusts created by this Indenture shall may be merged or converted, converted or any Person with which it or any successor to it shall may be consolidated, or any Person corporation resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person corporation succeeding to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder provided such corporation shall be otherwise qualified and eligible under this Indenture Article 7, without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person . Any corporation into which the Notes Administrator may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Notes Administrator shall be otherwise qualified and eligible under this Articlea party, or any corporation succeeding to all or substantially all of the corporate trust business of the Notes Administrator, shall be the successor of the Notes Administrator hereunder. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities Notes shall have been authenticated authenticated, but not delivered delivered, by the Trustee Notes Administrator then in office, any successor by merger, conversion or consolidation to such Trustee authenticating Notes Administrator may adopt the certificate of such authentication of any predecessor Trustee, and deliver the Notes so authenticated with the same effect as if such Securities so authenticated; and in successor Notes Administrator had itself authenticated such Notes. In case at that time any of the Securities Notes shall not have been authenticated, any successor to the Trustee Notes Administrator may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor Trustee; and in Notes Administrator. In all such cases such certificates shall have the full force and effect which it is anywhere in the Securities or in this Indenture provided that provides for the certificate of authentication of the Trustee Notes Administrator shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee Notes Administrator or to authenticate Securities Notes in the name of any predecessor Trustee Notes Administrator shall apply only to its successor or successors by merger, conversion or consolidation.

Successor Trustee by Merger. Any Person into which the Trustee or any successor to it in the trusts created by this Indenture shall be merged or converted, or any Person with which it or any successor to it shall be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Trustee or any such successor to it shall be a party, or any Person to which the Trustee or any successor to it shall sell or otherwise transfer all or substantially all of the corporate trust business of the Trustee, shall be the successor Trustee under this Indenture without the execution or filing of any paper or any further act on the part of any of the parties hereto; provided that such Person shall be otherwise qualified and eligible under this ArticleArticle XI. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture with respect to one or more series of Securities, any of such Securities shall have been authenticated but not delivered by the Trustee then in office, any successor to such Trustee may adopt the certificate of authentication of any predecessor Trustee, and deliver such Securities so authenticatedauthenticated with the same effect as if such successor Trustee had itself authenticated such Securities; and in case at that time any of the Securities shall not have been authenticated, any successor to the such Trustee may authenticate such Securities either in the name of any predecessor Trustee hereunder or in the name of the successor Trustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities or in this Indenture Indenture; provided that the certificate of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.