Successor Indenture Trustee. (a) Any successor Indenture Trustee appointed as provided in Section 7.8 hereof shall execute, acknowledge and deliver to each of the Servicer, the Issuer, the Rating Agency, the Noteholders and to its predecessor Indenture Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor Indenture Trustee hereunder with like effect as if originally named a Indenture Trustee. The predecessor Indenture Trustee shall deliver or cause to be delivered to the successor Indenture Trustee or its custodian any Transaction Documents and statements held by it or its custodian hereunder; and the Servicer and the Issuer and the predecessor Indenture Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for the full and certain vesting and confirmation in the successor Indenture Trustee of all such rights, powers, duties and obligations.
(b) In case of the appointment hereunder of a successor Indenture Trustee with respect to the Notes, the Issuer, the retiring Indenture Trustee and each successor Indenture Trustee with respect to the Notes shall execute and deliver an indenture supplemental hereto wherein each successor Indenture Trustee shall accept such appointment and which (i) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, each successor Indenture Trustee all the rights, powers, trusts and duties of the retiring Indenture Trustee with respect to the Notes to which the appointment of such successor Indenture Trustee relates, (ii) if the retiring Indenture Trustee is not retiring with respect to all Notes, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Indenture Trustee with respect to the Notes as to which the retiring Indenture Trustee is not retiring shall continue to be vested in the retiring Indenture Trustee, and (iii) shall add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the Trust Estate hereunder by more than one Indenture Trustee, it being understood that nothing herein or in such supplemental inde...
Successor Indenture Trustee. In the event that the Indenture Trustee gives notice of its resignation pursuant to Section 8.2 of the Indenture, the Owner Trustee shall promptly appoint a successor Indenture Trustee reasonably acceptable to the Lessee.
Successor Indenture Trustee. Any successor Indenture Trustee appointed in accordance with the Trust Indenture shall execute, acknowledge and deliver to the Trust and TCPL and to its predecessor Indenture Trustee an instrument accepting such appointment hereunder and under the Trust Indenture. Subject to the Trust Indenture, thereupon, the resignation or removal of the predecessor Indenture Trustee shall become effective and such successor Indenture Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Indenture Trustee in accordance with the Trust Indenture. However, on the written request of the Trust and TCPL or of the successor Indenture Trustee, the Indenture Trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of this Agreement, execute and deliver an instrument transferring to such successor Indenture Trustee all the rights and powers of the Indenture Trustee so ceasing to act. In addition to and without limiting the Trust Indenture, upon the request of any such successor Indenture Trustee, the Trust and TCPL, such predecessor Indenture Trustee shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Indenture Trustee all such rights and powers. Without limiting the Trust Indenture, any company into which the Indenture Trustee may be merged or with which it may be consolidated or amalgamated, or any company resulting or continuing from any merger, consolidation or amalgamation to which the Indenture Trustee is a party or any company to which the Indenture Trustee may transfer all or substantially all of its corporate trust business, shall be a successor Indenture Trustee under this Agreement, without the execution or filing of any paper or further act on the part of any of the parties hereto.
Successor Indenture Trustee. Any successor Indenture Trustee appointed as provided in Section 7.08 hereof shall execute, acknowledge and deliver to each of the Servicer, the Issuer, the Noteholders and to its predecessor Indenture Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Indenture Trustee shall become effective and such successor Indenture 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 a Indenture Trustee. The predecessor Indenture Trustee shall deliver or cause to be delivered to the successor Indenture Trustee or its custodian any Transaction Documents and statements held by it or its custodian hereunder; and the Servicer and the Issuer and the predecessor Indenture Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for the full and certain vesting and confirmation in the successor Indenture Trustee of all such rights, powers, duties and obligations.
Successor Indenture Trustee. Not appoint (or cause to be appointed) a successor Indenture Trustee without the prior written consent of the Agent (which consent shall not be unreasonably withheld) except as permitted hereunder and by the Indenture.
Successor Indenture Trustee. 27 Section 5.08. Inspection............................................................................27 Section 5.09. Periodic Reports of the Accountants...................................................28 Section 5.10. Other Actions.........................................................................28 Section 5.11. Trust Depositor Financial Information; Other Information..............................28 Section 5.12. Lenders' Identities...................................................................28
Successor Indenture Trustee. 81 SECTION 10. MISCELLANEOUS..........................................81 Section 10.1 Consents...............................................81 Section 10.2 Refinancing............................................82 Section 10.3 Amendments and Waivers.................................84 Section 10.4 Notices................................................84 Section 10.5 Survival...............................................86 Section 10.6 No Guarantee of Residual Value or Debt.................87 Section 10.7 Successors and Assigns.................................87 Section 10.8 Business Day...........................................87 SECTION 10.9 GOVERNING LAW..........................................87 Section 10.10 Severability...........................................88 Section 10.11 Counterparts...........................................88 Section 10.12 Headings and Table of Content..........................88 Section 10.13 Limitations of Liability...............................88 Section 10.14 Maintenance of Non-Recourse Debt.......................89 Section 10.15 Ownership of and Rights in Units.......................90 Section 10.16 No Petition............................................90 Section 10.17 Consent To Jurisdiction................................91 ii Participation Agreement (TRLI 2001-1B) Page ----
Successor Indenture Trustee. 105 SECTION 7.09 Merger or Consolidation of Indenture Trustee.......106 SECTION 7.10 Appointment of Co-Indenture Trustee or Separate Indenture Trustee..................................106 SECTION 7.11 Appointment of Custodians..........................107 SECTION 7.12 Appointment of Office or Agency....................108 SECTION 7.13 Representations and Warranties of the Indenture Trustee............................................108 ARTICLE VIII TERMINATION.............................................109
Successor Indenture Trustee. (a) If the Indenture Trustee resigns or is removed pursuant to the terms of the Indenture or if a vacancy exists in the office of the Indenture Trustee for any reason, the Servicer (or, if Conn Appliances is not the Servicer, the Issuer), with the consent of the Administrative Agent, shall promptly appoint a successor Indenture Trustee meeting the requirements of Section 6.11 of the Indenture, by written instrument, in duplicate, one copy of which instrument shall be delivered to the resigning Indenture Trustee and one copy to the successor Indenture Trustee.
(b) The Servicer and the Issuer agree to 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 Indenture Trustee all rights, powers, duties and obligations under the Indenture and hereunder.
Successor Indenture Trustee. 61 SECTION 7.10. Merger or Consolidation of Indenture Trustee...................................62 SECTION 7.11. Appointment of Co-Indenture Trustee or Separate Indenture Trustee..............62 SECTION 7.12. Paying Agent and Note Registrar Rights.........................................64 SECTION 7.13. Authorization..................................................................64 SECTION 7.14. Maintenance of Office or Agency................................................64
