Common use of Successor Trustee by Merger Clause in Contracts

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the 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 Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any such successor to the Trustee may authenticate such Securities 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.

Appears in 5 contracts

Samples: Indenture (Cencosud S.A.), Indenture (Cencosud S.A.), Indenture

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Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) Trustee provided that such successor shall be eligible and qualified under Section 7.10. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the 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 Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any such 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.

Appears in 4 contracts

Samples: Indenture (Intersil Holding Co), Indenture (Intersil Corp), Indenture (FSC Semiconductor Corp)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business busi ness or assets (including its rights and obligations hereunder) to, another corporation or banking associationassocia tion, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) . In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the 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 Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any such 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.

Appears in 3 contracts

Samples: Indenture (Lenfest Communications Inc), Indenture (Boyd Gaming Corp), Indenture (Lenfest Communications Inc)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or national banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee; provided that such Persons shall be otherwise qualified and eligible under this Article VII. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 3 contracts

Samples: Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) Trustee if such successor corporation is eligible and qualified under Section 7.10. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the 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 Securities so authenticated; and in case at that time any of the Securities shall not have been authenticated, any such 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.

Appears in 2 contracts

Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) In case If at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Supplemental Indenture, any of the Securities shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor trusteeTrustee, and deliver such Securities so authenticated; and in case if at that time any of the Securities shall not have been authenticated, any such 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 Supplemental Indenture provided that the certificate of the Trustee shall have.

Appears in 2 contracts

Samples: Amended First Supplemental Indenture (Key Energy Services Inc), First Supplemental Indenture (Key Energy Services Inc)

Successor Trustee by Merger. (a) If the Trustee or the Collateral Agent consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) Trustee or the Collateral Agent, as applicable. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 2 contracts

Samples: Indenture (McClatchy Co), Indenture (McClatchy Co)

Successor Trustee by Merger. (a) If the Trustee or Agent consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation corporation, banking association or banking associationother entity, the resulting, surviving or transferee corporation or banking association entity without any further act shall be the successor Trustee. (b) Trustee or Agent. In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (Quiksilver Inc)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business (including this transaction) or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) . In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Securities 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 Securities Notes so authenticated; and in case 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 adopted certificates shall have the full force which it is anywhere in of all provisions within the Securities Notes or in this Indenture provided that relating to the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association Person without any further act shall be the successor Trustee; provided, that such Person shall otherwise be qualified and eligible under this Article VII. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (Southwestern Energy Co)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee, provided, that it complies with Section 7.10. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (LDK Solar Co., Ltd.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) In case trustee; provided that such corporation or banking association shall be otherwise qualified and eligible under Section 5.09. If at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of Agreement, the Securities 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, trustee and deliver such Securities Beneficial Interest Certificate so authenticated; and in case at the event that time any of the Securities Beneficial Interest Certificate shall not have been authenticated, any such successor to the Trustee trustee may authenticate such Securities Beneficial Interest Certificate either in the name of the successor to the Trusteeany predecessor hereunder or in its own name; and in all such cases such certificates shall have the full force which it is anywhere in the Securities Beneficial Interest Certificate or in this Indenture Agreement provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Pass Through Trust Agreement (Bayview Mortgage Capital, Inc.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) . The Trustee shall provide the 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 shall succeed to the trusts created by this Indenture any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (Americredit Corp)

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Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Securities Bonds 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 Securities Bonds so authenticated; and in case at that time any of the Securities Bonds shall not have been authenticated, any such successor to the Trustee may authenticate such Securities Bonds either in the name of any predecessor hereunder or in the name of the successor to the Trustee; and in all such cases such adopted certificates shall have the full force which it is anywhere in of all provisions within the Securities Bonds or in this Indenture provided that relating to the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Samples: Indenture

Successor Trustee by Merger. (a) If the Trustee consolidates or amalgamates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee with respect to the Trustee. (b) . In case at the time such successor or successors by merger, conversion conversion, amalgamation or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Securities shall have been authenticated certified but not delivered, any such successor to the Trustee may adopt the certificate of authentication certification of any predecessor trustee, and deliver such Securities so authenticatedcertified; and in case at that time any of the Securities shall not have been authenticatedcertified, any such successor to the Trustee may authenticate certify 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.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

Successor Trustee by Merger. (a) 7.8.1 If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) 7.8.2 In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Securities 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 Securities Notes so authenticated; and in case 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 or in this Indenture provided that the any certificate of the Trustee shall havehas pursuant to the Notes or this Indenture.

Appears in 1 contract

Samples: Indenture (PT Centralpertiwi Bahari)

Successor Trustee by Merger. (a) If Subject to Section 7.09 and the other applicable requirements of this Indenture, if the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) . In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (Signature Group Holdings, Inc.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) , 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 or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Securities 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 Securities Notes so authenticated; and in case 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 same force which it is anywhere in under the Securities Notes or in this Indenture provided that as if such certificates were delivered by the certificate of the Trustee shall haveTrustee.

Appears in 1 contract

Samples: Merger Agreement (Watson Wyatt Worldwide, Inc.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or national banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee; provided that such Persons shall be otherwise qualified and eligible under this Article ‎VII. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (Arcos Dorados Holdings Inc.)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or sells or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking associationPerson, the resulting, surviving or transferee corporation or banking association Person without any further act shall be the successor Trustee; provided, that such Person shall otherwise be qualified and eligible under this Article VII. (b) In case at the time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities 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 Securities Notes so authenticated; and in case 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.

Appears in 1 contract

Samples: Indenture (Southwestern Energy Co)

Successor Trustee by Merger. (a) If the Trustee consolidates with, merges or converts into, or transfers all or substantially all its corporate trust business or assets (including its rights and obligations hereunder) to, another corporation or banking association, the resulting, surviving or transferee corporation or banking association without any further act shall be the successor Trustee. (b) In case ; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 6.11. 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 Indenture any of the Securities 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, trustee and deliver such Securities Notes so authenticated; and in case if at that time any of the Securities shall Notes have not have been authenticated, any such the successor to the Trustee may authenticate such Securities those Notes either in the name of 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 which it is anywhere such a certificate may have in the Securities Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture.

Appears in 1 contract

Samples: Indenture (WFS Receivables Corp 2)

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