Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into or transfers all or substantially all its corporate trust business or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Trustee. In case at the time such successor or successors by merger, conversion, consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 14 contracts
Samples: Pooling Agreement (Bungeltd), Pooling Agreement (Bungeltd), Pooling Agreement (Bunge Limited Finance Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee. In case at the time such successor or successors by merger, conversion, consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 11 contracts
Samples: Pooling Agreement (Bunge LTD), Indenture (Bunge LTD), Pooling Agreement (Bunge LTD)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into into, or transfers all or substantially all its corporate trust business (including this transaction) or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such adopted certificates shall have the full force of all provisions within the Notes or in this Indenture relating to the certificate of the Trustee.
Appears in 10 contracts
Samples: Indenture (Watford Holdings Ltd.), Indenture (Latam Airlines Group S.A.), Indenture (Azul Sa)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 6.11. In case The Trustee shall provide each Rating Agency prompt notice of any such transaction. If, at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated but not delivered, any such the successor to the Trustee trustee may adopt the certificate of authentication of any the predecessor trustee, trustee and deliver such Notes so authenticated; and in case if at that time any of the Notes shall have not have been authenticated, any the successor to the Trustee may authenticate such 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 such a certificate may have in the Notes or in this Indenture.
Appears in 9 contracts
Samples: Indenture (WFS Financial 2005-3 Owner Trust), Indenture (WFS Financial 2004-4 Owner Trust), Indenture (WFS Receivables Corp 3)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into into, or transfers all or substantially all of its corporate trust business or assets to, another corporation or national banking association, the resulting, surviving or transferee corporation or national banking association without any further act shall will be the successor Trustee with the same effect as if the successor Trustee had been named as the Trustee in this Indenture, provided, however, that in the case of a corporation succeeding to all or substantially all the corporate trust business of the Trustee, such successor corporation shall expressly assume all of the Trustee’s liabilities hereunder. In case at the time such successor or successors by merger, conversion, consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes shall have been authenticated authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such successor to the authenticating Trustee may adopt the certificate of such authentication of any predecessor trustee, and deliver the Securities so authenticated with the same effect as if such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate had itself authenticated such Notes either in the name of any predecessor hereunder or in the name of the successor to the TrusteeNotes.
Appears in 3 contracts
Samples: Supplemental Indenture (Foster Wheeler LTD), Supplemental Indenture (Foster Wheeler Inc), Supplemental Indenture (Foster Wheeler Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force that certificates of the Trustee are provided anywhere in the Notes or in this Indenture.
Appears in 3 contracts
Samples: Magellan Health Services Inc, Magellan Health Services Inc, Magellan Health Services Inc
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; authenticated with the same effect as if such successor Trustee had itself authenticated the Notes, and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates shall have the full force as provided anywhere in the Notes or in this Indenture that the certificate of the Trustee shall have.
Appears in 3 contracts
Samples: Otelco (Otelco Telecommunications LLC), Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture and any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 3 contracts
Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee. In case case, at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes 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 Notes Debt Securities so authenticated; and in case at that time any of the Notes Debt Securities shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in Debt Securities, provided that the name right to adopt the certificate of authentication of any predecessor hereunder Trustee shall only apply to its successor or in the name of the successor to the Trusteesuccessors by merger, consolidation or conversion.
Appears in 3 contracts
Samples: Indenture (Stanley Works), Black & Decker Corp, Black & Decker Corp
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 or banking association without any further act shall be the successor Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such certificates of authentication shall have the full force which it is anywhere in the Notes or in this Indenture.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Warrant Agreement (Sunnova Energy International Inc.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into into, or transfers all or substantially all its corporate trust business (including this transaction) or assets to, another corporation or banking association, the resulting, surviving or transferee corporation without any further act shall be the successor Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such adopted certificates shall have the full force of all provisions within the Notes or in this Indenture relating to the certificate of the Trustee.
Appears in 1 contract
Samples: Indenture (Cosan Ltd.)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee, provided, that such Person shall be qualified and eligible under this Article VII. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Debentures shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes Debentures so authenticated; and in case at that time any of the Notes Debentures shall not have been authenticated, any successor to the Trustee may authenticate such Notes Debentures either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 1 contract
Samples: Umt Holdings Lp
Successor Trustee by Merger. If the Trustee --------------------------- consolidates with, merges or converts into 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 Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture and any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 1 contract
Samples: Indenture (Ak Steel Corp)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 or banking association without any further act shall be the successor Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes Securities so authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Notes Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee.hereunder
Appears in 1 contract
Samples: Stone Energy Corp
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee, provided such corporation shall be otherwise qualified and eligible under this Article 7. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; authenticated with the same effect as if such successor Trustee had itself authenticated the Notes, and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 1 contract
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 or banking association without any further act shall be the successor Trustee. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, any of the Notes Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes Securities so 49 authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Notes Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 1 contract
Samples: Indenture (Titan International Inc)
Successor Trustee by Merger. If the Trustee consolidates with, merges or converts into 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 Trustee, provided, that such Person shall be qualified and eligible under this Article VII. In case at the time such successor or successors by merger, conversion, conversion or consolidation or transfer of assets to the Trustee shall succeed to the trusts created by this Indenture, Indenture any of the Notes shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trustee, and deliver such Notes so authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee.
Appears in 1 contract