THE SUCCESSOR TRUSTEE. Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that:
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the Successor Trustee is qualified and eligible under the provisions of Section 609 of the Indenture to act as Trustee under the Indenture.
THE SUCCESSOR TRUSTEE. SECTION 3.01 Successor Trustee hereby represents and warrants to Prior Trustee and to the Issuer that Successor Trustee is not disqualified to act as Trustee under the Indenture.
SECTION 3.02 Successor Trustee hereby accepts its appointment as Successor Trustee, Paying Agent and Registrar under the Indenture and accepts the rights, powers, duties and obligations of Prior Trustee as Trustee, Paying Agent and Registrar under the Indenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Paying Agent and Registrar under the Indenture.
THE SUCCESSOR TRUSTEE. 3.1 Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that:
(a) Successor Trustee is not disqualified under the provisions of Section 7.10 of each Indenture and is eligible under the provisions of Section 7.10 of such Indenture to act as Trustee under such Indenture.
(b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms.
3.2 Successor Trustee hereby accepts its appointment as successor Trustee, Registrar and Paying Agent under the Indentures and accepts the rights, powers, trusts, privileges, immunities, duties and obligations of Resigning Trustee as Trustee, Registrar and Paying Agent under the Indentures, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar and Paying Agent under the Indentures.
3.3 References in the Indentures to “Principal Office” or other similar terms shall be deemed to refer to the designated corporate trust office of Successor Trustee, which is presently located at 000 Xxxx 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000.
THE SUCCESSOR TRUSTEE. SECTION 3.1. Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that:
(a) Successor Trustee is qualified and eligible under the provisions of Article Six of the Indenture and under the Trust Indenture Act to act as Trustee under the Indenture. In making this representation and warranty, the Successor Trustee is relying upon the representations and warranties of both the Resigning Trustee and the Company regarding the Indenture.
(b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legal, valid and binding obligation.
SECTION 3.2. Successor Trustee hereby accepts its appointment as successor Trustee, Paying Agent and Security Registrar under the Indenture with respect to all Securities heretofore or hereafter authenticated and delivered pursuant thereto and all property and money held or to be held under the Indenture and accepts the rights, powers, trusts, duties and obligations of Resigning Trustee as Trustee, Paying Agent and Security Registrar, under the Indenture with respect to all Securities heretofore or hereafter authenticated and delivered pursuant thereto and all property and money held or to be held under the Indenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Paying Agent and Security Registrar under the Indenture.
SECTION 3.3. References in the Indenture to "Corporate Trust Office" or other similar terms shall be deemed to refer to the Corporate Trust Office of Successor Trustee at 140 Brxxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 xx any other office of Successor Trustee at which, at any particular time, its corporate trust business shall be administered.
THE SUCCESSOR TRUSTEE. SECTION 301. The Successor Trustee hereby represents and warrants to the Resigning Trustee and to the Company that this Agreement has been duly authorized, executed and delivered on behalf of the Successor Trustee. The Successor Trustee further represents and warrants to the Company that it is qualified and eligible to serve as Trustee under Section 7.10 of the Indenture and the Trust Indenture Act of 1939, as amended, as in effect on the date hereof.
THE SUCCESSOR TRUSTEE. Section 3.01. The Successor Trustee hereby represents and warrants to the Resigning Trustee and to the Issuer that the Successor Trustee is qualified and eligible under the provisions of Section 7.10 of the Indenture to act as Trustee under the Indenture. Successor Trustee is a national banking association duly organized and validly existing under the laws of the United States and is subject to the supervision of the Comptroller of the Currency of the United States as provided in the National Banking Act. Annexed hereto as Exhibit A are true and correct copies of the certificates evidencing the authority of the Successor Trustee to exercise trust powers. The authorization evidenced by such certificates is in full force and effect on the date hereof.
Section 3.02. The Successor Trustee hereby accepts its appointment as Trustee under the Indenture and shall hereby be vested with all the rights, powers and trusts of the Trustee under the Indenture and with respect to all property and money held or to be held under the Indenture.
Section 3.03. The Successor Trustee hereby accepts its appointment as Collateral Agent, Registrar and Paying Agent under the Indenture.
Section 3.04. Promptly after the execution and delivery of this Instrument, the Successor Trustee, on behalf of the Issuer, shall cause a notice, a form of which is annexed hereto marked Exhibit B, to be sent to each registered owner of the Notes.
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to the Resigning Trustee and to the Company that:
(a) This Instrument has been duly authorized, executed and delivered on behalf of the Successor Trustee and constitutes its legal, valid, binding and enforceable obligation.
(b) The Successor Trustee is qualified and eligible under Section 7.09 of the Indenture to act as Trustee under the Indenture. Section 302. Pursuant to Section 7.11 of the Indenture, the Successor Trustee hereby accepts its appointment as Trustee under the Indenture and hereby assumes all the rights, powers, duties and obligations of the Trustee under the Indenture and with respect to all property and money held or to be held under the Indenture, with like effect as if the Successor Trustee was originally named as Trustee under the Indenture.
THE SUCCESSOR TRUSTEE. Any successor trustee appointed as provided in Section 15.6 shall execute, acknowledge and deliver to the predecessor Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder with like effect as if originally named as the Trustee herein. The predecessor Trustee, upon receiving payment of all amounts to which it is entitled pursuant to this Agreement, shall deliver to the successor trustee all documents or copies thereof and statements held by it hereunder, and shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor trustee all such rights, powers, duties and obligations.
THE SUCCESSOR TRUSTEE. 3.1 Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that:
(a) Successor Trustee is qualified and eligible under Section 7.08 of the Indenture and applicable law to act and serve as Trustee under the Indenture.
(b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms.
3.2 Successor Trustee hereby accepts its appointment as Successor Trustee, Note Registrar and Paying Agent under the Indenture and accepts the rights, powers, trusts, privileges, immunities, indemnities, duties and obligations of Resigning Trustee as Trustee, Note Registrar and Paying Agent under the Indenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Note Registrar and Paying Agent under the Indenture.
3.3 References in the Indenture to “Corporate Trust Office” or other similar terms shall be deemed to refer to the designated corporate trust office of Successor Trustee, which is presently located at Greenwood Village, Colorado.
