Resignation, Appointment and Acceptance Sample Contracts

Contract
Resignation, Appointment and Acceptance • August 3rd, 2016 • Memorial Production Partners LP • Crude petroleum & natural gas • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 24, 2016, is by and among Memorial Production Partners LP, a Delaware limited partnership (the “Partnership”), Memorial Production Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with the Partnership, the “Issuers”), Wilmington Trust, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

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Contract
Resignation, Appointment and Acceptance • August 8th, 2016 • Sanchez Energy Corp • Crude petroleum & natural gas • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of May 20, 2016 (“Effective Date”), is by and among Sanchez Energy Corporation, a Delaware corporation (the “Issuer”), Delaware Trust Company, a Delaware state chartered trust company duly organized and existing under the laws of the State of Delaware (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

Contract
Resignation, Appointment and Acceptance • September 21st, 2007 • Cv Therapeutics Inc • Biological products, (no disgnostic substances)

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of September 18, 2007 (“Effective Date”), is by and among CV Therapeutics, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), US Bank National Association, a national banking association duly organized and existing under the laws of the United States (the “Successor Trustee” and “Successor Escrow Agent”), and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States (the “Resigning Trustee” and “Resigning Escrow Agent”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indentures (as defined below) as applicable.

Contract
Resignation, Appointment and Acceptance • December 10th, 2008 • Spectrum Brands, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of October 24, 2008 (“Effective Date”), is by and among Spectrum Brands, Inc., a corporation duly organized and existing under the laws of the State of Wisconsin (the “Company”), U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States (the “Successor Trustee”), and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States, as Trustee (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

Contract
Resignation, Appointment and Acceptance • October 30th, 2019 • National Oilwell Varco Inc • Oil & gas field machinery & equipment • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of March 2, 2018 is by and among NATIONAL OILWELL VARCO, INC., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

Contract
Resignation, Appointment and Acceptance • November 9th, 2010 • Novamed Inc • Services-misc health & allied services, nec

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of September 18, 2008 (“Effective Date”), is by and among NovaMed, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States (the “Successor Trustee”), and LaSalle Bank National Association, a national banking association duly organized and existing under the laws of the United States, as Trustee (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indentures (as defined below) as applicable.

Contract
Resignation, Appointment and Acceptance • November 19th, 2008 • Washington Mutual, Inc • Savings institution, federally chartered • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of October 14, 2008 (“Effective Date”), is by and among Washington Mutual, Inc., a Washington corporation (the “Issuer”), Wells Fargo Bank N.A., a national banking association duly organized and existing under the laws of the United States of America, (the “Successor Trustee”), and The Bank of New York Mellon Trust Company, N.A., a duly organized national bank (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

Contract
Resignation, Appointment and Acceptance • March 16th, 2009 • Novamed Inc • Services-misc health & allied services, nec

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of September 18, 2008 (“Effective Date”), is by and among NovaMed, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States (the “Successor Trustee”), and LaSalle Bank National Association, a national banking association duly organized and existing under the laws of the United States, as Trustee (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indentures (as defined below) as applicable.

Contract
Resignation, Appointment and Acceptance • February 24th, 2017 • Enova International, Inc. • Personal credit institutions • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of October 20, 2016 (“Effective Date”), is by and among Enova International, Inc., a Delaware corporation (the “Company”), Computershare Trust Company, N.A., a national banking association duly organized and existing under the laws of the United States of America, and Computershare Trust Company of Canada (together, the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

Contract
Resignation, Appointment and Acceptance • June 7th, 2016 • Atlas Resource Partners, L.P. • Drilling oil & gas wells • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 6, 2016 (“Effective Date”), is by and among Atlas Resource Partners Holdings, LLC, a Delaware limited liability company (the “Company”), Atlas Resource Finance Corporation, a Delaware corporation (together with the Company, the “Issuers”), Atlas Resource Partners, L.P. (the “Parent Guarantor”), the Subsidiary Guarantors named herein (the Parent Guarantor and Subsidiary Guarantors hereinafter known as the “Guarantors”), Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

RECITALS
Resignation, Appointment and Acceptance • August 14th, 2001 • Sterling Chemical Inc • Industrial organic chemicals • New York
Contract
Resignation, Appointment and Acceptance • July 5th, 2019 • Hornbeck Offshore Services Inc /La • Water transportation • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of May 8, 2019 (this “Instrument”), is by and among HORNBECK OFFSHORE SERVICES, INC., a Delaware corporation (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America and having a corporate trust office at 150 East 42nd Street, 40th Floor, New York, New York 10017, as resigning Trustee (the “Resigning Trustee”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America and having a corporate trust office at 50 South Sixth Street, Suite 1290, Minneapolis, Minnesota 55402, as successor Trustee (the “Successor Trustee”).

Contract
Resignation, Appointment and Acceptance • August 9th, 2023 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 28, 2023 (“Effective Date”), is by and among Diebold Nixdorf, Incorporated (the “Company”), an Ohio corporation, Computershare Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America, in its various capacities, described below, as trustee and agent under each of the Indentures, Warrant Agreement, and Unit Agreement (each as defined below) (the “Resigning Trustee,” each of the Resigning Trustee and the Successor Trustee, a “Trustee” and the Resigning Trustee together with the Company and the Successor Trustee, the “Parties”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in

Contract
Resignation, Appointment and Acceptance • September 28th, 2023 • Best Buy Co Inc • Retail-radio, tv & consumer electronics stores • New York

THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 12, 2013, is by and among Best Buy Co., Inc., a Minnesota corporation (the “Issuer”), Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).

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