Common use of Successor Trustee by Xxxxxx Clause in Contracts

Successor Trustee by Xxxxxx. 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 or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the 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, and deliver such Securities so authenticated; and in case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such series; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (Shop 'N Save-Mass, Inc.)

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Successor Trustee by Xxxxxx. 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 or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: Intercreditor Agreement (CPI Card Group Inc.)

Successor Trustee by Xxxxxx. If the Trustee or the Notes Collateral Agent, as applicable, 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 TrusteeTrustee or successor Notes 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 of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: Wayfair (Wayfair Inc.)

Successor Trustee by Xxxxxx. 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 or banking association without any further act shall be the successor Trustee; provided, that it is qualified and eligible hereunder. 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 Debt 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, and deliver such Debt Securities so authenticated; and in case at that time any of the Debt Securities of any series shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Debt Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Debt Securities of such series or in this Indenture provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Unit Corp

Successor Trustee by Xxxxxx. 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 or banking association 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 hereof. 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 of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere provided for in the Securities of such series Notes or in this Indenture provided that the certificate of the Trustee shall haveIndenture.

Appears in 1 contract

Samples: Indenture (Horizon Technology Finance Corp)

Successor Trustee by Xxxxxx. 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 or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the 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, and deliver such Securities so authenticated; and in case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such series; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture Trustee, provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: Indenture (Stanley Works)

Successor Trustee by Xxxxxx. 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 or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion. SECTION 7.10.

Appears in 1 contract

Samples: Restaurant Brands International Limited Partnership

Successor Trustee by Xxxxxx. If the Trustee consolidates with, merges or converts into, sells, 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 to the Trustee by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Debt 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 trusteeTrustee, and deliver such Debt Securities so authenticated; and in case at that time any of the Debt Securities of any series shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Debt Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Debt Securities of such series or in this Indenture Indenture, provided that the certificate of the Trustee shall have.

Appears in 1 contract

Samples: Indenture (EnLink Midstream, LLC)

Successor Trustee by Xxxxxx. If the Trustee or Collateral Agent 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 TrusteeTrustee or Collateral 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 of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: loanDepot, Inc.

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Successor Trustee by Xxxxxx. 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 or banking association without any further act shall be the successor 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 any of the 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, and deliver such Securities so authenticated; and in case at that time any of the Securities of any series shall not have been authenticated, any such successor to the Trustee with respect to such series may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such series; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the certificate of the Trustee shall have.to

Appears in 1 contract

Samples: Video Satellite (Tv Guide Inc)

Successor Trustee by Xxxxxx. 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 or consolidation to the Trustee shall succeed to the trusts created by this Indenture Indenture, any of the Securities of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the 111 Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: Indenture (Burger King Holdings Inc)

Successor Trustee by Xxxxxx. If the Trustee consolidates with, merges or converts exchanges 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 exchange or consolidation to the Trustee shall succeed to the trusts created by this Indenture First Supplemental Indenture, any of the 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, and deliver such Securities so authenticated; and in case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Securities in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or exchange.

Appears in 1 contract

Samples: Veeco Instruments Inc

Successor Trustee by Xxxxxx. 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. 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 and any of the Securities of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: Cleveland-Cliffs Inc.

Successor Trustee by Xxxxxx. 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 or banking association shall be the successor TrusteeTrustee without any further act. 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 of any series Notes 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, and deliver such Securities Notes so authenticated; and in case at that time any of the Securities of any series Notes shall not have been authenticated, any successor to the Trustee with respect to such series may authenticate such Securities Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee with respect to such seriesTrustee; and in all such cases such certificates shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the right to adopt the certificate of authentication of any predecessor Trustee or authenticate Notes in the name of any predecessor Trustee shall haveonly apply to its successor or successors by merger, consolidation or conversion.

Appears in 1 contract

Samples: Churchill Downs Incorporated (Churchill Downs Inc)

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