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.
Appears in 4 contracts
Samples: Instrument of Resignation, Appointment and Acceptance (Exodus Communications Inc), Instrument of Resignation, Appointment and Acceptance (Exodus Communications Inc), Instrument of Resignation, Appointment and Acceptance (Exodus Communications Inc)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the that: Successor Trustee is qualified not disqualified under the provisions of Section 7.10 and is eligible under the provisions of Section 609 7.10 of the Indenture to act as Trustee under the Indenture. 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.
Appears in 3 contracts
Samples: Agreement of Resignation, Appointment and Acceptance (Realogy Corp), Agreement of Resignation, Appointment and Acceptance (Realogy Corp), Agreement of Resignation, Appointment and Acceptance (Realogy Corp)
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 6.8 of the Indenture to act as Trustee under the Indenture.
Appears in 2 contracts
Samples: Instrument of Resignation, Appointment and Acceptance (Exodus Communications Inc), Instrument of Resignation, Appointment and Acceptance (Exodus Communications Inc)
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 under the Indenture and eligible under the provisions of Section 609 310 of the Trust Indenture Act of 1939, as amended, to act as Trustee under the Indenture.
Appears in 2 contracts
Samples: Instrument of Resignation, Appointment and Acceptance (Hercules Inc), Instrument of Resignation, Appointment and Acceptance (Hercules Inc)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company Issuer that the Successor Trustee is qualified and eligible under the provisions of Section 609 Article Six of the Indenture to act as Trustee under the IndentureIndenture (assuming the correctness of the representations made in Sections 102(a) and 203(a) hereof) and that this Agreement has been duly authorized, executed and delivered on behalf of the Successor Trustee and constitutes its legal, valid and binding obligation.
Appears in 1 contract
Samples: Instrument of Resignation, Appointment and Acceptance (Williams Companies Inc)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company 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.
Appears in 1 contract
Samples: Instrument of Appointment and Acceptance of Successor Trustee (Mountain Fuel Supply Co)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company and the Secretary that the Successor Trustee is qualified and eligible under the provisions of Section 609 Article VII of the Indenture to act as Trustee under the IndentureBasic Agreement.
Appears in 1 contract
THE SUCCESSOR TRUSTEE. Section 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 7.10 of the Indenture to act as Trustee under the Indenture.
Appears in 1 contract
Samples: Instrument of Resignation, Appointment and Acceptance (Arcadia Financial LTD)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning signing Trustee and to the Company that the Successor Trustee is qualified and eligible under the provisions of Section 609 310 of the Trust Indenture Act of 1939, as amended, to act as Trustee under the Indenture.
Appears in 1 contract
THE SUCCESSOR TRUSTEE. Section 301SECTION 4.01. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to Trustee, the Company that and the Servicer that: (a) Successor Trustee is qualified and eligible under the provisions of Section 609 11.06 of the Indenture Trust Agreement and the Supplements to act as Trustee under the IndentureTrust Agreement and the Supplements.
Appears in 1 contract
Samples: Agreement of Resignation, Appointment and Acceptance (Carco Auto Loan Master Trust)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the that: (a) Successor Trustee is qualified not disqualified under the provisions of Section 7.10 and is eligible under the provisions of Section 609 7.10 of the Indenture to act as Trustee under the Indenture.
Appears in 1 contract
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the that:
(a) The Successor Trustee is qualified and eligible under the provisions of Section Sections 608 and 609 of each of the Indenture Indentures to act as Trustee under each of the IndentureIndentures.
(b) This Instrument has been duly authorized, executed and delivered on behalf of the Successor Trustee.
Appears in 1 contract
Samples: Instrument of Resignation, Appointment and Acceptance (Durango Corp)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee Trustee, to the Company and to the Company Guarantor that the Successor Trustee is qualified and eligible under the provisions of Section 609 5.09 of the Indenture to act as Trustee under the Indenture.
Appears in 1 contract
Samples: Instrument of Resignation, Appointment and Acceptance (Vencor Inc /New/)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the that:
(a) The Successor Trustee is qualified and eligible under the provisions of Section 609 6.8 of the Subordinated Notes Indenture to act as Trustee under the Subordinated Notes Indenture.
(b) This Supplemental Indenture has been duly authorized, executed and delivered on behalf of the Successor Trustee and constitutes a legal, valid and binding obligation of the Successor Trustee.
Appears in 1 contract
Samples: Supplemental Indenture (Sirius Satellite Radio Inc)
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.that:
Appears in 1 contract
Samples: Indenture (BAC Capital Trust XX)
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 7.10 of the Indenture to act as Trustee for all the Securities under the Indenture.
Appears in 1 contract
Samples: Instrument of Resignation, Appointment and Acceptance (Sothebys Holdings Inc)
THE SUCCESSOR TRUSTEE. Section 301. The SECTION X. Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the that:
(a) Successor Trustee is qualified not disqualified under the provisions of Section 6.8 and is eligible under the provisions of Section 609 6.9 of the Indenture to act 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.
Appears in 1 contract
Samples: Agreement of Resignation, Appointment and Acceptance (Washington Mutual, Inc)
THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to the ----------- the Resigning Trustee and to the Company that the Successor Trustee is qualified and eligible under the provisions of Section 609 6.9 of the Indenture to act as Trustee with respect to all the Securities under the Indenture.
Appears in 1 contract
Samples: Instrument of Resignation, Appointment and Acceptance (Armstrong World Industries Inc)