Common use of THE SUCCESSOR TRUSTEE Clause in Contracts

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. 3.1 The Successor Trustee hereby represents and warrants to the Resigning Trustee Trustee, the Guarantor and to the Company that: (a) The Successor Trustee is not disqualified under the provisions of Section 7.10 of each Indenture and is eligible under the provisions of Section 7.10 607 of such the Indenture to act as Trustee under such the Indenture. (b) This Acceptance Agreement has been duly authorized, executed and delivered on behalf of WILMINGTON SAVINGS FUND SOCIETY, FSB as the Successor Trustee and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. 3.2 The Successor Trustee hereby accepts its appointment as successor Trustee, Paying Agent, and Security Registrar and Paying Agent under the Indentures Indenture and accepts the rights, powers, trusts, privileges, immunities, duties and obligations of the Resigning Trustee as Trustee, Paying Agent, and Security Registrar and Paying Agent under the IndenturesIndenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Paying Agent, and Security Registrar and Paying Agent under the IndenturesIndenture. 3.3 References in the Indentures Indenture to “Principal Corporate Trust Office” or other similar terms shall be deemed to refer to the designated principal corporate trust office of the Successor Trustee, which is presently located at 000 Xxxx 00xx Xxxxxxxx Xxxxxx, 00xx XxxxxXxxxxxxxxx, Xxx XxxxXxxxxxxx 00000, XX 00000Attention: Global Capital Markets.

THE SUCCESSOR TRUSTEE. 3.1 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 each of the Indentures to act as Trustee under such Indentureeach of the Indentures. (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 3.2. Successor Trustee hereby accepts its appointment as successor Trustee, Registrar and Paying Agent under each of the Indentures and accepts the rights, powers, trusts, privileges, immunities, and duties and obligations of Resigning Trustee as Trustee, Registrar and Paying Agent under each of the Indentures, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar and Paying Agent under each of the Indentures. 3.3 3.3. Promptly after the effective date of this Agreement, the Successor Trustee shall cause a notice, substantially in the form of Exhibit B annexed hereto, to be sent to each Holder of the Securities in accordance with the provisions of Section 7.08(f) of each of the Indentures. 3.4. References in each of 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 Xxxxxxxx Xxxxxx, 00xx XxxxxXxxxxxxxxx, Xxx Xxxx, XX 00000Xxxxxxxx.

THE SUCCESSOR TRUSTEE. 3.1 Successor Trustee hereby represents and warrants to Resigning Prior Trustee and to the Company Issuer 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 7.10 610 of such Indenture the Governing Document to act as Trustee under such Indenturethe Governing Document. (b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legalGoverning, 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 and Security Registrar under the Indentures Governing Document and accepts the assets, all the rights, title, interests, capacities, privileges, responsibilities, powers, trusts, privileges, immunities, trusts and duties and obligations of Resigning Prior Trustee as Trustee, Registrar and Paying Agent and Security Registrar under the IndenturesGoverning Document, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar and Paying Agent and Security Registrar under the IndenturesGoverning Document. 3.3 References in the Indentures Governing Document 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 Xxx Xxxxxxxxxx Xxxxxx, 00xx XxxxxXxxxx 0000, Xxx XxxxXxxxxxxxx, XX 0000000000 or such other address as may be specified, where notices and demands to or upon the Issuer in respect of the Bonds may be served.

THE SUCCESSOR TRUSTEE. 3.1 Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that: (a) that 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 6.9 as Trustee under such Indenture. (b) the Indenture of the Indenture to act. 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 Security Registrar, Authenticating Agent and Paying Agent under the Indentures Indenture and accepts the rights, powers, trusts, privileges, immunities, indemnities, duties and obligations of Resigning Trustee as Trustee, Registrar Security Registrar, Authenticating Agent and Paying Agent under the IndenturesIndenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar Security Registrar, Authenticating Agent and Paying Agent under the IndenturesIndenture. 3.3 References in the Indentures Indenture 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 0000 Xxxxx Xxxxxx Xxxxxx, 00xx XxxxxXxxxxxxxx Xxxxxxx, Xxx Xxxx, XX Xxxxxxxx 00000.

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 the Indenture to act as Trustee under such 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, Registrar Registrar, and Paying Agent under the Indentures Indenture and accepts the rights, powers, trusts, privileges, immunities, duties and obligations of Resigning Trustee as Trustee, Registrar Registrar, and Paying Agent under the IndenturesIndenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar Registrar, and Paying Agent under the IndenturesIndenture. Promptly after the effective date of this Agreement, the Successor Trustee shall cause a notice, substantially in the form of Exhibit B annexed hereto, to be sent to each Holder of the Securities. 3.3 References in the Indentures Indenture to “Principal Corporate Trust Office” or other similar terms shall be deemed to refer to the designated corporate corporation trust office of Successor Trustee, which is presently located at 000 Xxxx 00xx Xxxxxxxx Xxxxxx, 00xx XxxxxXxxxxxxxxx, Xxx Xxxx, XX Xxxxxxxx 00000.

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 the Indenture to act as Trustee under such 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 Pursuant to Section 7.8 of the Indenture, Successor Trustee hereby accepts its appointment as successor Trustee, Registrar and Registrar, Paying Agent and Notes Custodian under the Indentures Indenture and accepts the rights, powers, trusts, privileges, immunities, and duties and obligations of Resigning Trustee as Trustee, Registrar and Registrar, Paying Agent and Notes Custodian under the IndenturesIndenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar and Registrar, Paying Agent and Notes Custodian under the IndenturesIndenture. 3.3 References in the Indentures Indenture and the Notes to “Principal Officeoffice” or “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 000 Xxxx 00xx 0000 Xxxxx Xxxxxx Xxxxxx, 00xx 0xx Xxxxx, Xxx XxxxXxxxxxxxxx, XX Xxxxxxxx 00000.

THE SUCCESSOR TRUSTEE. 3.1 SECTION 3.01 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 608 and is eligible under the provisions of Section 7.10 609 of such the Indenture to act as Trustee under such 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 SECTION 3.02 Successor Trustee hereby accepts its appointment as successor Trustee, Registrar and Paying Agent Trustee under the Indentures Indenture and accepts the rights, powers, trusts, privileges, immunities, duties and obligations of Resigning Trustee as Trustee, Registrar and Paying Agent Trustee under the IndenturesIndenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar and Paying Agent Trustee under the IndenturesIndenture; provided however that the Successor Trustee accepts no liability for any acts or omissions of the Resigning Trustee. 3.3 SECTION 3.03 References in the Indentures Indenture to “Principal "Corporate Trust Office” " or other similar terms shall be deemed to refer to the designated principal corporate trust office in New York of Successor Trustee, which is presently located at 000 Xxxx X. 00xx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX Xxx Xxxx 00000.