Common use of Acceptance by Successor Trustee Clause in Contracts

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 148 contracts

Samples: Indenture (Pure Storage, Inc.), Indenture (Oak Street Health, Inc.), Indenture (Invitae Corp)

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Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 93 contracts

Samples: Indenture (ChargePoint Holdings, Inc.), Indenture (Livongo Health, Inc.), Indenture (Kaleyra, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 67 contracts

Samples: Indenture (Ii-Vi Inc), Indenture (Harmonic Inc), Meadowbrook Insurance (Meadowbrook Insurance Group Inc)

Acceptance by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.09 6.9 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to the Debentures of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.6, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee thereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. If a successor Trustee is appointed, the Company, the retiring Trustee and the successor Trustee shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Debentures as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust and that each such Trustee shall be Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee Trustee shall be eligible under the provisions of Section 7.086.8. In no event shall a retiring Trustee be liable for the acts or omissions of any successor Trustee hereunder. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.106.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee Trustee hereunder to the Holdersholders of Debentures at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten days 10 Business Days after the acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 58 contracts

Samples: Indenture (ACA Capital Holdings Inc), Indenture (James River Group, INC), Indenture (First Banctrust Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Securities at their addresses as they shall appear on the Security register. If the Company fails to deliver mail such notice within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 44 contracts

Samples: Indenture (Premier Bancorp Inc /Pa/), Indenture (Spinnaker Exploration Co), Indenture (Agl Resources Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as suchsuch pursuant to this Indenture, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 29 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (EQT Corp), Indenture (TechTarget Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section ‎Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section ‎Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section ‎Section 7.06. No successor trustee shall accept appointment as provided in this Section ‎Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section ‎Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section ‎Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 27 contracts

Samples: Indenture (Maxwell Technologies Inc), Indenture (Marcus Corp), Indenture (1Life Healthcare Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due to it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 22 contracts

Samples: And (51job, Inc.), Indenture (NQ Mobile Inc.), And (NIO Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 21 contracts

Samples: Indenture (Greenlight Capital Re, Ltd.), Indenture (Wix.com Ltd.), Indenture (Wix.com Ltd.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 hereof shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.067.06 hereof, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.067.06 hereof. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 hereof and be eligible under the provisions of Section 7.087.09 hereof. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 17 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.6, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.6. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.8 and be eligible under the provisions of Section 7.088.9. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company former trustee shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 16 contracts

Samples: Indenture (Electroglas Inc), Indenture (Ibasis Inc), Indenture (Electroglas Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 and be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such the former trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Register. If the Company Issuer fails to deliver send such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered sent at the expense of the CompanyIssuer.

Appears in 16 contracts

Samples: Paying Agent (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent a notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver send such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered sent at the expense of the Company.

Appears in 16 contracts

Samples: Indenture (Wayfair Inc.), Indenture (Wayfair Inc.), Indenture (Vonage Holdings Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 16 contracts

Samples: Indenture (Ares Commercial Real Estate Corp), Indenture (Ares Capital Corp), Indenture (TPG Specialty Lending, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actpredecessor trustee. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee trustee, including the initial Trustee, ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the predecessor Trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified and eligible under the provisions of Section 7.08this Article 7. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to all holders of Securities of any applicable series as the Holdersnames and addresses of such holders shall appear on the registry books. If the Company fails to deliver mail such notice in the prescribed manner within ten days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered so mailed at the expense of the Company.

Appears in 16 contracts

Samples: Indenture (Raymond James Financial Inc), Indenture (Veritex Holdings, Inc.), Indenture (Citizens & Northern Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the HoldersHolders as provided in this Indenture. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 15 contracts

Samples: Indenture (Square, Inc.), Indenture (Twitter, Inc.), Indenture (Square, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actpredecessor trustee. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee trustee, including the initial Trustee, ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the predecessor Trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver a supplemental indenture which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified and eligible under the provisions of Section 7.08this Article 7. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to all holders of Securities of any applicable series as the Holdersnames and addresses of such holders shall appear on the registry books. If the Company fails to deliver mail such notice in the prescribed manner within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered so mailed at the expense of the Company.

Appears in 12 contracts

Samples: Indenture (Origin Bancorp, Inc.), Indenture (TriState Capital Holdings, Inc.), Indenture (Acorda Therapeutics Inc)

Acceptance by Successor Trustee. Any (a) In case of the appointment hereunder of a successor trustee with respect to all Debt Securities, every duly qualified successor trustee so appointed as under any of the methods herein provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee and to the Company an instrument in writing accepting such appointment hereunder, hereunder and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, trusts, duties and obligations of its predecessor hereunder, in the trust hereunder with like effect as if originally named as Trustee herein; but. The predecessor trustee shall, nevertheless, on at the written request of the Company or of the successor trustee, pay over to the successor trustee ceasing to act shall, all moneys at the time held by it herein; and the Company and the predecessor trustee upon payment or provision therefor of any amounts then due it the predecessor trustee pursuant to the provisions of Section 7.0611.2, shall execute and deliver an instrument transferring to such successor trustee all the rights instruments and powers of the trustee so ceasing to act. Upon request of any do such successor trustee, the Company shall execute any and all instruments in writing other things as may reasonably be required for more fully and certainly vesting in and confirming to such in the successor trustee all such rights rights, powers, trusts, duties and powersobligations. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which The Company shall promptly give notice of the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit appointment of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under to the provisions holders of Debt Securities in the manner and to the extent provided in subsection (c) of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company11.10.

Appears in 12 contracts

Samples: Indenture (Constellation Brands, Inc.), Indenture (Roberts Trading Corp), Indenture (Constellation Brands, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company Company, the Guarantor and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Company, the Guarantor or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act and shall assign, transfer and deliver to such successor or trustee all property and money held by such trustee so ceasing to act. Upon request of any such successor trustee, the Company and the Guarantor shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the Guarantor (if any of such series of Securities are entitled to the benefits of Article Fifteen) and the predecessor trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor trustee with respect to the Securities of any series as to which the predecessor trustee is not retiring shall continue to be vested in the predecessor trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered give notice of the succession of such trustee hereunder to the HoldersHolders of Securities of each series affected, by mailing such notice to such Holders at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice in the prescribed manner within ten (10) days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered so given at the expense of the Company.

Appears in 12 contracts

Samples: Indenture (Aon Corp), Indenture (Aon PLC), Indenture (Aon PLC)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.08 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 7.09 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.087.07. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.09, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company. The Trustee shall have no responsibility or liability for the action or inaction of a successor trustee.

Appears in 11 contracts

Samples: Indenture (Encore Capital Group Inc), Indenture (Pra Group Inc), Indenture (Encore Capital Group Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 11 contracts

Samples: Indenture (Kite Realty Group Trust), Indenture (Expedia Group, Inc.), Indenture (Extra Space Storage Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section ‎Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section ‎Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section ‎Section 7.06. No successor trustee shall accept appointment as provided in this Section ‎Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section ‎Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section ‎Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 11 contracts

Samples: Indenture (Indie Semiconductor, Inc.), Indenture (Esperion Therapeutics, Inc.), Indenture (Fluor Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 10 contracts

Samples: Subscription Agreement (BOA Acquisition Corp.), Backstop Agreement (KORE Group Holdings, Inc.), Backstop Agreement (Cerberus Telecom Acquisition Corp.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 and be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 10 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice (or cause such notice to be delivered) within ten calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 10 contracts

Samples: Indenture (Inotek Pharmaceuticals Corp), Supplemental Indenture (Bloom Energy Corp), Indenture (Inotek Pharmaceuticals Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due to it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 10 contracts

Samples: Indenture (Baidu, Inc.), Indenture (iQIYI, Inc.), Indenture (Baidu, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 11.11 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.0611.07, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.0611.07. No successor trustee shall accept appointment as provided in this Section 7.10 unless 11.12 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 11.09 and be eligible under the provisions of Section 7.0811.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.1011.12, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 10 contracts

Samples: Indenture (Endeavour International Corp), Indenture (Oclaro, Inc.), Indenture (Gevo, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.08 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless unless, at the time of such acceptance acceptance, such successor trustee shall be eligible under the provisions of Section 7.087.07. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 9 contracts

Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Satisfaction and Discharge of Indenture (China Security & Surveillance Technology, Inc.), Indenture (Fushi International Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.11 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon thereupon, the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, but on the written request of the Company or of the successor trustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.067.7, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee Trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.067.7. No successor trustee shall accept appointment as provided in this Section 7.10 7.12 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.9 and eligible under the provisions of Section 7.087.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.12, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee Trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 9 contracts

Samples: Penn Treaty American (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Penn Treaty American Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 11.11 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.0611.07, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.0611.07. No successor trustee shall accept appointment as provided in this Section 7.10 unless 11.12 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 11.09 and be eligible under the provisions of Section 7.0811.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.1011.12, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver give or cause to be delivered given notice of the succession of such trustee hereunder to the HoldersHolders of Notes in accordance with Section 12.08(c). If the Company fails to deliver give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered given at the expense of the Company.

Appears in 9 contracts

Samples: The Agreement and Plan of Merger (Vivint Solar, Inc.), Agreement and Plan of Merger (Sunedison, Inc.), Indenture (Protalix BioTherapeutics, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 8.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 8 contracts

Samples: Indenture (Headwaters Inc), Indenture (LTX Corp), On Semiconductor Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersNoteholders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 7 contracts

Samples: Indenture (Affiliated Managers Group Inc), Indenture (Penson Worldwide Inc), Indenture (Ariad Pharmaceuticals Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 11.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.0611.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.0611.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 11.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 11.08 and be eligible under the provisions of Section 7.0811.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.1011.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver give or cause to be delivered given notice of the succession of such trustee hereunder to the HoldersHolders of Notes in accordance with Section 13.08(c). If the Company fails to deliver give such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered given at the expense of the Company.

Appears in 7 contracts

Samples: Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company. No resigning Trustee shall be responsible or liable for the actions or inactions of any successor Trustee.

Appears in 7 contracts

Samples: Execution Version (Jetblue Airways Corp), Indenture (WisdomTree Investments, Inc.), Indenture (PureCycle Technologies, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 7 contracts

Samples: Indenture (Whiting Petroleum Corp), Indenture (Lam Research Corp), Indenture (Whiting Petroleum Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 11.11 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.0611.07, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.0611.07. No successor trustee shall accept appointment as provided in this Section 7.10 unless 11.12 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 11.09 and be eligible under the provisions of Section 7.0811.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.1011.12, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Register. If the Company Issuer fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 7 contracts

Samples: Indenture (Amarin Corp Plc\uk), Indenture (Amarin Corp Plc\uk), Indenture (Jazz Pharmaceuticals PLC)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 10.11 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.0610.07, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular NotesSecurities, to secure any amounts then due it pursuant to the provisions of Section 7.0610.07. No successor trustee shall accept appointment as provided in this Section 7.10 unless 10.12 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 10.09 and be eligible under the provisions of Section 7.0810.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.1010.12, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders of Securities at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 7 contracts

Samples: Indenture (THQ Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersNoteholders at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 6 contracts

Samples: Indenture (Maverick Tube Corporation), Indenture (Lifepoint Hospitals, Inc.), Encore Capital Group Inc

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company and the Guarantors shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver send such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered sent at the expense of the Company.

Appears in 6 contracts

Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company Company, shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersNoteholders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 6 contracts

Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Sothebys), Indenture (Salix Pharmaceuticals LTD)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 and be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 5 contracts

Samples: United Dominion (United Dominion Realty Trust Inc), Indenture (KKR Financial Holdings LLC), Indenture (RAIT Financial Trust)

Acceptance by Successor Trustee. Any In the case of the appointment hereunder of a successor trustee with respect to all Securities, any successor trustee so appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company Corporation and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, : nevertheless, on the written request of the Company Corporation or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Corporation, the predecessor trustee and each successor trustee with respect to the Securities of one or more series shall execute and deliver an indenture supplemental hereto wherein each successor trustee shall accept such appointment and which (1) shall contain such provisions as shall be necessary or desirable to vest in, or confirm to, each successor trustee all the rights, powers, duties and obligations of the predecessor trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates, (2) if the predecessor trustee is not retiring with respect to all Securities, shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, duties and obligations of the predecessor trustee with respect to the Securities of that or those series as to which the predecessor trustee is not retiring shall continue to be vested in the predecessor trustee, and (3) shall add to or change any of the provisions of the Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee; and upon the execution and delivery of such supplemental indenture the resignation or removal of the predecessor trustee shall become effective to the extent provided therein and each such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of the predecessor trustee with respect to the Securities of that or those series to which the appointment of such successor trustee relates; but, nevertheless, on the written request of the Corporation or any successor trustee, such predecessor trustee shall, upon payment of any amounts then due pursuant to Section 8.06 hereof, duly assign, transfer and deliver to such successor trustee all property and money held by such predecessor trustee hereunder with respect to the Securities of that or those series to which the appointment of such successor trustee relates. Upon request of any such successor trustee, the Company Corporation shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights rights, powers and powerstrusts referred to in the two preceding sentences. Any trustee ceasing to act shall, nevertheless, retain a senior prior claim to which the Notes are hereby made subordinate on upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.08 and eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company Corporation shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to all holders of Securities of the Holdersseries affected as the names and addresses of such holders appear on the registry books of the Corporation. If the Company Corporation fails to deliver mail such notice in the prescribed manner within ten 30 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyCorporation.

Appears in 5 contracts

Samples: Indenture (Baltimore Gas & Electric Co), Consolidation, Merger and Sale (Baltimore Gas & Electric Co), Baltimore Gas and Electric Company (Atlantic City Electric Co)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.067.07, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.067.07. No successor trustee shall accept appointment as provided in this Section 7.10 7.11 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 5 contracts

Samples: Indenture (Medicines Co /De), Indenture (PTC Therapeutics, Inc.), Indenture (Medicines Co /De)

Acceptance by Successor Trustee. Any successor trustee ------------------------------- appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.6, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.6. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.8 and be eligible under the provisions of Section 7.088.9. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company former trustee shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 5 contracts

Samples: Indenture (Tivo Inc), Indenture (Level One Communications Inc /Ca/), E Trade Group Inc

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company Corporation and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Corporation or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Corporation shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Corporation, the predecessor Trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto that shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and the successor trustee, at the written direction and at the expense of the Company Corporation shall deliver or cause to be delivered give notice of the succession of such trustee hereunder (a) if any Unregistered Securities of a series affected are then outstanding, to the HoldersHolders thereof by publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Securities of a series affected are then outstanding, to the Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 313(c) of the Trust Indenture Act, by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Corporation for such purpose) and (c) to the Holders of Registered Securities of each series affected, by mailing such notice to such Holders at their addresses as they shall appear on the Security Register. If the Company Corporation fails to deliver mail such notice in the prescribed manner within ten days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered so given at the expense of the CompanyCorporation.

Appears in 5 contracts

Samples: Indenture (Visteon Corp), Indenture (Visteon Corp), Visteon Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 hereof shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.067.06 hereof, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular NotesDebt Securities, to secure any amounts then due it pursuant to the provisions of Section 7.067.06 hereof. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 hereof and be eligible under the provisions of Section 7.087.09 hereof. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Debt Securities at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 5 contracts

Samples: Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P., Healthcare Realty Holdings, L.P.

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver give or cause to be delivered given notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered given at the expense of the Company.

Appears in 5 contracts

Samples: Indenture (Mercadolibre Inc), Indenture (Gannett Co., Inc.), Indenture (Broadsoft, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver send such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered sent at the expense of the Company.

Appears in 5 contracts

Samples: Indenture (Solazyme Inc), Indenture (Citrix Systems Inc), Indenture (Solazyme Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming conferring to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersNoteholders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 5 contracts

Samples: Supplemental Indenture (H-L Distribution Service, LLC), Indenture (H-L Distribution Service, LLC), Indenture (Horizon Lines, Inc.)

Acceptance by Successor Trustee. Any successor trustee Trustee -------------------------------- appointed as provided in Section 7.09 6.9 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to the Debentures of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.6, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee thereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. If a successor Trustee is appointed, the Company, the retiring Trustee and the successor Trustee shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Debentures as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust and that each such Trustee shall be Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee Trustee shall be eligible under the provisions of Section 7.086.8. In no event shall a retiring Trustee be liable for the acts or omissions of any successor Trustee hereunder. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.106.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee Trustee hereunder to the Holdersholders of Debentures at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten days 10 Business Days after the acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 5 contracts

Samples: Indenture (First Banks, Inc), Indenture (First Banks Inc), Indenture (First Banks, Inc)

Acceptance by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; herein but, nevertheless, on the written request of the Company or of the its successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.6, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to act. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee Trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.6. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance acceptance, such successor trustee Trustee shall be qualified under the provisions of Section 8.8 and be eligible under the provisions of Section 7.088.9. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.108.11, each of the Company and (or the successor trusteeformer Trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee Trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Purchase Agreement (Alterra Healthcare Corp), Atlantic Coast Airlines Inc, Kellstrom Industries Inc

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunderunder this Indenture, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunderunder this Indenture, with like effect as if originally named as Trustee hereinin this Indenture; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered send notice of the succession of such trustee hereunder under this Indenture to the Holders. If the Company fails to deliver send such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered transmitted at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (CompoSecure, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon on payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon On request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon On acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Snap Inc), Indenture (Snap Inc), Indenture (Snap Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.068.6, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.6. No successor trustee shall accept appointment as provided in this Section 7.10 unless 8.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 8.8 and be eligible under the provisions of Section 7.088.9. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Imclone Systems Inc/De), Indenture (Lattice Semiconductor Corp), Lease (Getty Images Inc)

Acceptance by Successor Trustee. Any successor trustee Trustee --------------------------------- appointed as provided in Section 7.09 6.9 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to the Debentures of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.6, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee thereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. If a successor Trustee is appointed, the Company, the retiring Trustee and the successor Trustee shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Debentures as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust and that each such Trustee shall be Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee Trustee shall be eligible under the provisions of Section 7.086.8. In no event shall a retiring Trustee be liable for the acts or omissions of any successor Trustee hereunder. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.106.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee Trustee hereunder to the Holdersholders of Debentures at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten days 10 Business Days after the acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Florida Banks Inc), Indenture (Gateway Bancshares Inc /Ga/)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 9.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.069.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular NotesDebentures, to secure any amounts then due it pursuant to the provisions of Section 7.069.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 9.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 9.08 and be eligible under the provisions of Section 7.089.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.109.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Debentures at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc), Indenture (Commscope Inc), Indenture (Commscope Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and be eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersNoteholders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Sandisk Corp, Forest City Enterprises Inc, Forest City Enterprises Inc

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver give or cause to be delivered given notice of the succession of such trustee hereunder to the HoldersHolders in accordance with Section 19.03. If the Company fails to deliver give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered given at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Orexigen Therapeutics, Inc.), Indenture (Orexigen Therapeutics, Inc.), Invitae Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular NotesDebentures, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 8.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersDebentureholders at their addresses as they shall appear on the Debenture register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Mentor Graphics Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes Securities are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular NotesSecurities, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Arbor Realty Trust Inc), And (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section ‎Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section ‎Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as suchsuch pursuant to this Indenture, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section ‎Section 7.06. The retiring or removed Trustee shall have no responsibility or liability for the action or inaction of any successor Trustee. No successor trustee shall accept appointment as provided in this Section ‎Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section ‎Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section ‎Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)

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Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to the Securities of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 6.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the HoldersHolders of Securities at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp), Indenture (Proassurance Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06 and subject to its lien provided for in Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Yahoo Inc), Indenture (Yahoo Inc), First Supplemental Indenture (Depomed Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Allegheny Technologies Inc), Burlington Stores (Burlington Stores, Inc.), Xerox Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 9.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.069.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.069.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 9.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 9.08 and be eligible under the provisions of Section 7.089.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.109.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Celgene Corp /De/), Indenture (Atherogenics Inc), Advanced Medical Optics (Advanced Medical Optics Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 hereof shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.067.06 hereof, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06Section7.06 hereof. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 hereof and be eligible under the provisions of Section 7.087.09 hereof. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 4 contracts

Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)

Acceptance by Successor Trustee. Any successor trustee Trustee ------------------------------- appointed as provided in Section 7.09 6.9 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee retiring Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to the Debentures of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.6, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee thereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.6. If a successor Trustee is appointed, the Company, the retiring Trustee and the successor Trustee shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Debentures as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust and that each such Trustee shall be Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee Trustee shall be eligible under the provisions of Section 7.086.8. In no event shall a retiring Trustee be liable for the acts or omissions of any successor Trustee hereunder. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.106.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee Trustee hereunder to the Holdersholders of Debentures at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten days 10 Business Days after the acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 4 contracts

Samples: Indenture (Prosperity Bancshares Inc), Indenture (First Banks, Inc), Indenture (New South Bancshares Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 hereof shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.067.06 hereof, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.067.06 hereof. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 hereof and be eligible under the provisions of Section 7.087.09 hereof. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.Issuer

Appears in 3 contracts

Samples: Supplemental Indenture (DCT Industrial Trust Inc.), Care Capital Properties, Inc., Sabra Health Care REIT, Inc.

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Notes of one or more (but not all) series, the Company, the predecessor Trustee and each successor trustee with respect to the Notes of any applicable series shall execute and deliver a Supplemental Indenture which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Notes of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such Supplemental Indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. The Trustee shall not be liable for the acts or omissions of any successor trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company7.09.

Appears in 3 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Bank of America Corp /De/

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actpredecessor trustee. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee trustee, including the initial Trustee, ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the predecessor Trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver a supplemental indenture which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified and eligible under the provisions of Section 7.08this Article 7. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to all holders of Securities of any applicable series as the Holdersnames and addresses of such holders shall appear on the registry books. If the Company fails to deliver mail such notice in the prescribed manner within ten days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered so mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Simmons First National Corp), Indenture (Simmons First National Corp), Indenture (Simmons First National Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Acorda Therapeutics Inc), Indenture (Meritor Inc), Indenture (Gamida Cell Ltd.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior lien and claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (LendingTree, Inc.), Indenture (MP Materials Corp. / DE), Indenture (Parsons Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. 103 Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders, as provided in this Indenture. If the Company fails to deliver such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 3 contracts

Samples: Rockley Photonics Holdings LTD, Rockley Photonics Holdings LTD, Rockley Photonics Holdings LTD

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company Corporation and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Corporation or of the successor trustee, the trustee ceasing to act shall, upon payment of any all amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company Corporation shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance the appointment hereunder of any successor Trustee with respect to the Notes of one or more (but not all) series, the Corporation, the retiring Trustee and such successor Trustee shall execute and deliver an indenture supplemental hereto wherein each successor Trustee shall accept such appointment and which (a) shall contain such provisions as shall be necessary or desirable to transfer and confirm to, and to vest in, such successor Trustee all the rights, powers, trusts and duties of the retiring Trustee with respect to the Notes of that or those series to which the appointment of such successor Trustee relates, (b) if the retiring 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 Trustee with respect to the Notes of that or those series as to which the retiring Trustee is not retiring shall continue to be vested in the retiring Trustee, and (c) 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 trusts hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust, that each such Trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee and that no Trustee shall be responsible for any notice given to, or received by, or any act or failure to act on the part of any other Trustee hereunder, and, upon the execution and delivery of such supplemental indenture, the resignation or removal of the retiring Trustee shall become effective to the extent provided therein, such retiring Trustee shall have no further responsibility for the exercise of rights and powers or for the performance of the duties and obligations vested in the Trustee under this Indenture with respect to the Notes of that or those series to which the appointment of such successor trustee Trustee relates other than as hereinafter expressly set forth, and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee with respect to the Notes of that or those series to which the appointment of such successor Trustee relates; but, on request of the Corporation or such successor Trustee, such retiring Trustee, upon payment of its charges with respect to the Notes of that or those series to which the appointment of such successor relates and subject to Sections 6.05 and 12.04 shall duly assign, transfer and deliver to such successor Trustee, to the extent contemplated by such supplemental indenture, the property and money held by such retiring Trustee hereunder with respect to the Notes of that or those series to which the appointment of such successor Trustee relates, subject to its claim, if any, provided for in Section 6.06. If any supplemental indenture contemplated by this Section 7.10, each 6.11 affects the rights and obligations of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder any Trustee with respect to the Holders. If Notes of one or more series other than the Company fails retiring Trustee or Successor Trustee referred to deliver herein, such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee other Trustee shall cause be a party to such notice to be delivered at the expense of the Companysupplemental indenture.

Appears in 3 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.067.05, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.067.05. No successor trustee shall accept appointment as provided in this Section 7.10 unless unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.09 and be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note register. If the Company Issuer fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.Issuer. The Issuer shall promptly file an Immediate Report regarding such an event, as provided in the Securities Law, as well as furnish such notice to the Commission on Form 6-K.

Appears in 3 contracts

Samples: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor LTD

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.6, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.6. If a successor trustee is appointed with respect to the Securities of one or more (but not all) series, the Company, the retiring trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring trustee with respect to the Securities of any series as to which the predecessor trustee is not retiring shall continue to be vested in the predecessor trustee, and 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 trustee hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.8 and eligible under the provisions of Section 7.086.9. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Securities of any applicable series at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company. No Trustee shall have any liability for any actions taken or omitted to be taken by any successor trustee.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Inc), Sterling Bancshares Capital Trust Ii, Sterling Bancshares Capital Trust Ii

Acceptance by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.09 8.07 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to act. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim lien prior to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as suchthe Trustee, except for funds other than money or property held in trust for to pay the benefit principal, accrued and unpaid interest, if any, or payment of Holders of the Fundamental Change Purchase Price on particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 8.08 unless at the time of such acceptance such successor trustee Trustee shall be eligible under the provisions of Section 7.088.10. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.108.08, each of the Company and the successor trusteeTrustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee Trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (NRG Yield, Inc.), Indenture (NRG Yield, Inc.), Indenture (Cal Dive International, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any all amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Debentures at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc), Indenture (Commerce Bancorp Inc /Nj/)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 3 contracts

Samples: Redfin Corporation And (Redfin Corp), Redfin Corp, Redfin Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due to it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due to it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver send such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered sent at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (GDS Holdings LTD), Indenture (Trina Solar LTD), Indenture (China Lodging Group, LTD)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. 41 No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 and be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and Issuer (or the successor former trustee, at the written direction and at the expense of the Company Issuer) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note Register. If the Company Issuer fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyIssuer.

Appears in 3 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunderhereunder and expressly agreeing to be bound by the terms of this Indenture and the Agreement, including as Custodian hereunder if the predecessor trustee was acting as Custodian prior to the succession, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.07. No successor trustee shall accept appointment as provided in this Section 7.10 unless 8.12 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 8.09 and be eligible under the provisions of Section 7.088.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (IMH Financial Corp), Indenture (IMH Financial Corp), Indenture (IMH Financial Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien prior to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Liveperson Inc), Indenture (Liveperson Inc), Indenture (Liveperson Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes Bonds are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular NotesBonds, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company. Any successor Trustee shall comply with Trust Indenture Act Section 310(a)(5).

Appears in 3 contracts

Samples: Indenture (Transocean Inc), Transocean Inc, Transocean Ltd.

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes Debentures are hereby made subordinate on all money or property held or collected by such trustee as such, except except, subject to Section 6.05, for funds held in trust for the benefit of Holders of particular NotesDebentures, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Debenture Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shallact, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.6, shall execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shallact, nevertheless, shall retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.8 and eligible under the provisions of Section 7.086.9. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Securities at their addresses as they shall appear on the Security register. If the Company fails to deliver mail such notice within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Satisfaction And (Imperial Capital Trust I), Indenture (New York Bancorp Capital Trust), Life Financial Capital Trust

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and the Guarantor and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or the Guarantor or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company and the Guarantor shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. If a successor trustee is appointed with respect to the Securities of one or more (but not all) series, the Company, the Guarantor, the retiring trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring trustee with respect to the Securities of any series as to which the predecessor trustee is not retiring shall continue to be vested in the predecessor trustee, and 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 hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company Guarantor shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Securities of any applicable series at their addresses as they shall appear on the Security Register. If the Company fails and the Guarantor fail to deliver mail such notice within ten days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the CompanyCompany and the Guarantor.

Appears in 3 contracts

Samples: Indenture (Countrywide Home Loans Inc), Municipal Mortgage & Equity LLC, Countrywide Home Loans Inc

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 10.11 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.0610.07, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.0610.07. The obligation of the Company under Section 10.07 shall survive the satisfaction and discharge of this Indenture and the resignation or removal of the Trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless 10.12 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 10.09 and be eligible under the provisions of Section 7.0810.10. Upon acceptance of appointment by a successor trustee as provided in this Section 7.1010.12, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Register (or otherwise send in accordance with the applicable procedures of the Depositary in the case of Global Notes). If the Company fails to deliver mail such notice within ten 10 days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Digital Turbine, Inc.), Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.6, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.6. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.8 and be eligible under the provisions of Section 7.088.9. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Electroglas Inc, Securities Purchase Agreement (Rockford Corp), Rockford Corp

Acceptance by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee retiring Trustee with respect to all or any applicable series shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers of the trustee Trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor Trustee all property and money held by such retiring Trustee thereunder. Upon request of any such successor trusteeTrustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.06. If a successor Trustee is appointed with respect to the Debt Securities of one or more (but not all) series, the Company, the retiring Trustee and each successor Trustee with respect to the Debt Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the retiring Trustee with respect to the Debt Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 hereunder by more than one Trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such Trustees co-trustees of the same trust and that each such Trustee shall be Trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such Trustee. No successor trustee Trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee Trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee Trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee Trustee hereunder to the Holdersholders of Debt Securities of any applicable series at their addresses as they shall appear on the Debt Security Register. If the Company fails to deliver mail such notice within ten days Business Days after the acceptance of appointment by the successor trusteeTrustee, the successor trustee Trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Marshall & Ilsley Corp/Wi/), Indenture (Leucadia Capital Trust I), Indenture (Union Planters Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee Trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee Trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee Trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, Trustee to secure any amounts then due it pursuant to the provisions of Section 7.066.06. If a successor trustee is appointed with respect to the Securities of one or more (but not all) series, the Company, the predecessor Trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Securities of any applicable series at their addresses as they shall appear on the Securities register. If the Company fails to deliver mail such notice within ten days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Masco Corp /De/), Masco Corp /De/, Masco Corp /De/

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 hereof shall execute, acknowledge and deliver to the Company MAALP and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company MAALP or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.067.06 hereof, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company MAALP shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.067.06 hereof. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 hereof and be eligible under the provisions of Section 7.087.09 hereof. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of MAALP (or the Company and the successor former trustee, at the written direction and at the expense of the Company MAALP) shall deliver mail (or send by electronic transmission) or cause to be delivered mailed (or sent by electronic transmission) notice of the succession of such trustee hereunder to the HoldersHolders of Notes at their addresses as they shall appear on the Note Register. If the Company MAALP fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.MAALP

Appears in 3 contracts

Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for in order more fully and certainly vesting to vest in and confirming confirm to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. In case of the appointment hereunder of a successor trustee with respect to the Securities of one or more (but not all) series, the Company, the predecessor Trustee and each successor trustee with respect to the Securities of any applicable series shall execute and deliver an indenture supplemental hereto which shall contain such provisions as shall be deemed necessary or desirable to confirm that all the rights, powers, trusts and duties of the predecessor Trustee with respect to the Securities of any series as to which the predecessor Trustee is not retiring shall continue to be vested in the predecessor Trustee, and 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 trusts hereunder by more than one trustee, it being understood that nothing herein or in such supplemental indenture shall constitute such trustees co-trustees of the same trust and that each such trustee shall be trustee of a trust or trusts hereunder separate and apart from any trust or trusts hereunder administered by any other such trustee. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 and eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10Section, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered give notice of the succession of such trustee hereunder (a) if any Unregistered Securities of a series affected are then outstanding, to the HoldersHolders thereof, by publication of such notice at least once in an Authorized Newspaper in the Borough of Manhattan, The City of New York and at least once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), (b) if any Unregistered Securities of a series affected are then outstanding, to the Holders thereof who have filed their names and addresses with the Trustee pursuant to Section 5.02(a)(iii), by mailing such notice to such Holders at such addresses as were so furnished to the Trustee (and the Trustee shall make such information available to the Company for such purpose) and (c) to the Holders of Registered Securities of each series affected, by mailing such notice to such Holders at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice in the prescribed manner within ten days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered so given at the expense of the Company.

Appears in 3 contracts

Samples: Subordinated Indenture (Residential Capital Corp), Residential Capital Corp, Gmac Residential Holding Corp.

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the predecessor trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powerstrustee. Any predecessor trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as suchsuch pursuant to this Indenture, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver send or cause to be delivered sent notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Cinemark Holdings, Inc.), Cable One, Inc., Cable One, Inc.

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 7.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 7.08 and be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten (10) calendar days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp), Indenture (CSK Auto Corp)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.08. Upon acceptance of appointment by a successor trustee as provided in this Section 7.10, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver give or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersHolders at their addresses as they shall appear on the Note Register. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (NantHealth, Inc.), Note Purchase Agreement (NantHealth, Inc.), Supplemental Indenture (NantHealth, Inc.)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon the reasonable written request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 8.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company Company, shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the HoldersNoteholders at their addresses as they shall appear on the Note Register. If the Company fails to deliver mail such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Indenture (Teradyne, Inc), Indenture (PSS World Medical Inc), Indenture (Teradyne, Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts amount then due it pursuant to the provisions of Section 7.068.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money or property and funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.068.06. No successor trustee shall accept appointment as provided in this Section 7.10 unless 8.11 unless, at the time of such acceptance acceptance, such successor trustee shall be qualified under the provisions of Section 8.08 and be eligible under the provisions of Section 7.088.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.108.11, each of the Company and (or the successor former trustee, at the written direction and at the expense of the Company Company) shall deliver mail or cause to be delivered mailed notice of the succession of such trustee hereunder to the Holdersholders of Notes at their addresses as they shall appear on the Note register. If the Company fails to deliver mail such notice within ten (10) days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 3 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (Mentor Graphics Corp), Kulicke and Soffa (Kulicke & Soffa Industries Inc)

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 6.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.066.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to actact and shall duly assign, transfer and deliver to such successor trustee all property and money held by such retiring trustee thereunder. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on lien upon all money property or property funds held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.066.06. No successor trustee shall accept appointment as provided in this Section 7.10 6.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 6.08 and eligible under the provisions of Section 7.086.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.106.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered mail notice of the succession of such trustee hereunder to the Holdersholders of Securities at their addresses as they shall appear on the Security Register. If the Company fails to deliver mail such notice within ten 10 days after the acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered mailed at the expense of the Company.

Appears in 2 contracts

Samples: Indenture (Puget Sound Energy Inc), Xerox Corp

Acceptance by Successor Trustee. Any successor trustee appointed as provided in Section 7.09 7.10 shall execute, acknowledge and deliver to the Company and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the written request of the Company or of the successor trustee, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, execute and deliver an instrument transferring to such successor trustee all the rights and powers of the trustee so ceasing to act. Upon request of any such successor trustee, the Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee all such rights and powers. Any trustee ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such trustee as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 7.06. No successor trustee shall accept appointment as provided in this Section 7.10 7.11 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 7.087.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.107.11, each of the Company and the successor trustee, at the written direction and at the expense of the Company shall deliver or cause to be delivered notice of the succession of such trustee hereunder to the Holders. If the Company fails to deliver such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be delivered at the expense of the Company.

Appears in 2 contracts

Samples: Indenture (Luminex Corp), Indenture (Lightning eMotors, Inc.)

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