Common use of Acceptance by Successor Trustee Clause in Contracts

Acceptance by Successor Trustee. Any successor Trustee appointed as provided in Section 5.09 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment under 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 under this Indenture, with like effect as if originally named as Trustee in this Indenture; but, nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to act, upon payment of any amounts then due it pursuant to the provisions of Section 5.06, shall execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act and shall transfer, assign and deliver to such successor all property and money held by such predecessor Trustee under this Indenture. 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, nevertheless shall retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.06. No successor Trustee shall accept appointment as provided in this Section 5.10 unless at the time of such acceptance such successor Trustee shall be qualified under the provisions of Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 5.08. Upon acceptance of appointment by a successor Trustee as provided in this Section 5.10, the Company shall mail notice of the succession of such Trustee under this

Acceptance by Successor Trustee. Any successor Trustee trustee appointed as provided in Section 5.09 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment under this Indenturehereunder, 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 under this Indenturehereunder, with like effect as if originally named as Trustee in this Indentureherein; but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee ceasing to actpredecessor trustee shall, upon payment of any amounts then due it pursuant to the provisions of Section 5.067.06, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act and shall transfer, assign and deliver to such successor all property and money held by such predecessor Trustee under this Indentureact. 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 actact shall, nevertheless shall nevertheless, retain a senior lien upon to which the Notes are hereby made subordinate on all money or property or funds held or collected by such Trustee trustee as such 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 5.067.06. No successor Trustee trustee shall accept appointment as provided in this Section 5.10 7.10 unless at the time of such acceptance such successor Trustee trustee shall be qualified under the provisions of Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 5.087.08. Upon acceptance of appointment by a successor Trustee as provided in this Section 5.10, the Company shall mail notice of the succession of such Trustee under this064310-0812-15924-Active.25775846.6 46

Acceptance by Successor Trustee. Any successor Trustee trustee appointed as provided in Section 5.09 8.10 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment under this Indenturehereunder, 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 under this Indenturehereunder, with like effect as if originally named as Trustee in this Indenturetrustee herein; but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to actact shall, upon payment of any amounts then due it pursuant to the provisions of Section 5.068.6, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act and shall transfer, assign and deliver to such successor all property and money held by such predecessor Trustee under this Indentureact. Upon reasonable request of any such successor Trusteetrustee, the Company shall execute any and all such instruments in writing as necessary for more fully and certainly vesting in and confirming to such successor Trustee trustee all such rights and powers. Any Trustee trustee ceasing to actact shall, nevertheless shall nevertheless, retain a lien upon all property or 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 5.068.6. No successor Trustee trustee shall accept appointment as provided in this Section 5.10 8.11 unless at the time of such acceptance such successor Trustee trustee shall be qualified under the provisions of Section 310(b) of the Trust Indenture Act 8.8 and be eligible under the provisions of Section 5.08. Upon acceptance of appointment by a successor Trustee as provided in this Section 5.10, the Company shall mail notice of the succession of such Trustee under this8.9.

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 5.09 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee and to the Company an instrument in writing accepting such appointment under this Indenture, 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 under this Indenture, in the trust hereunder with like effect as if originally named as Trustee in this Indenture; butherein. 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, 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 5.0611.2, shall execute and deliver an instrument transferring to such successor Trustee all the rights instruments and powers of the Trustee so ceasing to act and shall transfer, assign and deliver to do such successor all property and money held by such predecessor Trustee under this Indenture. Upon request of any 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 powers. Any Trustee ceasing to act, nevertheless shall retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.06. No successor Trustee shall accept appointment as provided in this Section 5.10 unless at the time of such acceptance such successor Trustee shall be qualified under the provisions of Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 5.08. Upon acceptance of appointment by a successor Trustee as provided in this Section 5.10, the Company shall mail notice of the succession of such Trustee under thisobligations.

Acceptance by Successor Trustee. (a) Any successor Trustee appointed as provided in Section 5.09 8.11 hereof shall execute, acknowledge and deliver to the Company and to its predecessor Trustee an instrument accepting such appointment under this Indenturehereunder, 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 under this Indenturehereunder, with like effect as if originally named as Trustee in this Indentureherein; but, but nevertheless, on the written request of the Company or of the successor Trustee, the Trustee ceasing to actact shall, upon payment of any amounts then due it pursuant to the provisions of Section 5.068.06 hereof, shall execute and deliver an instrument transferring to such successor Trustee all the rights and powers of the Trustee so ceasing to act and shall transfer, assign and deliver to such successor all property and money held by such predecessor Trustee under this Indentureact. 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 actact shall, nevertheless shall nevertheless, retain a lien upon all property or funds held or collected by such Trustee to secure any amounts then due it pursuant to the provisions of Section 5.068.06 hereof. (b) No successor Trustee shall accept appointment as provided in this Section 5.10 8.12 unless at the time of such acceptance such successor Trustee shall be qualified under the provisions of Section 310(b) of the Trust Indenture Act 8.08 hereof and eligible under the provisions of Section 5.088.09 hereof. (c) Upon acceptance of appointment by a successor Trustee as provided in this Section 5.108.12, the Company successor Trustee shall mail notice of its succession hereunder to all Holders of Notes as the succession names and addresses of such Trustee under thisHolders appear on the registry books. SECTION 8.13.

Acceptance by Successor Trustee. Any successor Trustee trustee appointed as provided in Section 5.09 7.09 shall execute, acknowledge and deliver to the Company and to its predecessor Trustee trustee an instrument accepting such appointment under this Indenturehereunder, 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 under this Indenturehereunder, with like effect as if originally named as Trustee in this Indentureherein; but, nevertheless, on the written request of the Company or of the successor Trusteetrustee, the Trustee trustee ceasing to actact shall, upon payment of any amounts then due it pursuant to the provisions of Section 5.067.06, shall execute and deliver an instrument transferring to such successor Trustee trustee all the rights and powers of the Trustee trustee so ceasing to act and shall transfer, assign and deliver to such successor all property and money held by such predecessor Trustee under this Indentureact. 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 actact shall, nevertheless shall nevertheless, retain a lien upon senior claim to which the Notes are hereby made subordinate on all money or property or 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 5.067.06. No successor Trustee trustee shall accept appointment as provided in this Section 5.10 7.10 unless at the time of such acceptance such successor Trustee trustee shall be qualified under the provisions of Section 310(b) of the Trust Indenture Act and eligible under the provisions of Section 5.087.08. Upon acceptance of appointment by a successor Trustee as provided in this Section 5.10, the Company shall mail notice of the succession of such Trustee under this46