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. 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 as provided in Section 6.07 shall execute, acknowledge and deliver to the Servicer 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 the like effect as if originally named as indenture trustee herein. The predecessor indenture trustee shall, to the extent necessary, deliver to the successor indenture trustee, or Custodian, if any, all Mortgage Files and related documents and statements held by it hereunder, and the Servicer and the predecessor indenture trustee shall execute and deliver such instruments and do such other things as may reasonably be required for more fully and certainly vesting and confirming in the successor indenture trustee all such rights, powers, duties and obligations. No successor indenture trustee shall accept appointment as provided in this Section 6.08 unless at the time of such acceptance such successor indenture trustee shall be eligible under the provisions of Section 6.06 and its appointment shall not adversely affect the then current rating of the Notes. Upon acceptance of appointment by a successor indenture trustee as provided in this Section 6.08, the Servicer shall mail notice of the succession of such indenture trustee hereunder to all Holders of Notes at their addresses as shown in the Note Register. If the Servicer fails to mail such notice within 10 days after acceptance of appointment by the successor indenture trustee, the successor indenture trustee shall cause such notice to be mailed at the expense of the Servicer.
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. 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. (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.
Successor Indenture Trustee. 77 SECTION 10. MISCELLANEOUS........................................................................... 77 Section 10.1 Consents................................................................................ 77 Section 10.2 Refinancing............................................................................. 78 Section 10.3 Amendments and Waivers.................................................................. 80 Section 10.4 Notices................................................................................. 80 Section 10.5 Survival................................................................................ 82 Section 10.6 No Guarantee of Residual Value or Debt.................................................. 82 Section 10.7 Successors and Assigns.................................................................. 83 Section 10.8 Business Day............................................................................ 83 Section 10.9 GOVERNING LAW........................................................................... 83 Section 10.10 Severability............................................................................ 83 Section 10.11 Counterparts............................................................................ 83 Section 10.12 Headings and Table of Contents.......................................................... 83 Section 10.13 Limitations of Liability; Extent of Interest............................................ 83 Section 10.14 Maintenance of Non-Recourse Debt........................................................ 85 Section 10.15 Ownership of and Rights in Units and Pledged Units...................................... 85 Section 10.16 No Petition............................................................................. 85 Section 10.17 Consent To Jurisdiction................................................................. 86 Section 10.18 WAIVER OF JURY TRIAL.................................................................... 86 Section 10.19 No Partnership Created.................................................................. 86 Table of Contents (continued) Page ----
Successor Indenture Trustee. 55 SECTION 7.10. Merger or Consolidation of Indenture Trustee................56 SECTION 7.11. Appointment of Co-Indenture Trustee or Separate Indenture Trustee.....................................................56 SECTION 7.12. Paying Agent and Note Registrar Rights......................58 SECTION 7.13. Authorization...............................................58 SECTION 7.14. Maintenance of Office or Agency.............................58
Successor Indenture Trustee. 35 Section 7.12 Merger or Consolidation of Indenture Trustee..........................................36 Section 7.13 Appointment of Co-Indenture Trustee or Separate Indenture Trustee.....................36 Section 7.14 Indenture Trustee May Enforce Claims Without Possession of Note.......................37 Section 7.15
