Common use of Successor Trustee or Certificate Administrator by Merger Clause in Contracts

Successor Trustee or Certificate Administrator by Merger. If the Trustee or the Certificate Administrator 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 or successor Certificate Administrator, as applicable; provided, that such corporation or banking association shall be otherwise qualified and eligible under Section 8.11 hereof. If at the time such successor or successors by merger, conversion or consolidation to the Trustee or the Certificate Administrator, as the case may be, shall succeed to the trusts created by this Agreement and any of the Certificates shall have been authenticated but not delivered, any such successor to the Trustee or the Certificate Administrator, as the case may be, may adopt the certificate of authentication of any predecessor trustee and deliver such Certificates so authenticated; and if at that time any of the Certificates shall not have been authenticated, any successor to the Trustee or the Certificate Administrator, as the case may be, may authenticate such Certificates either in the name of any predecessor hereunder or in the name of the successor to the Trustee or the Certificate Administrator, as the case may be; and in all such cases such certificates shall have the full force as the Certificates or this Agreement provide that such certificates of the Trustee or the Certificate Administrator, as the case may be, shall have.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)

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