Common use of Acceptance of Appointment by Successor Trustee Clause in Contracts

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 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 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 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 with respect to the trustee so ceasing to act. Upon 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 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 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 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 7.09.

Appears in 13 contracts

Samples: Indenture (Oncogenex Pharmaceuticals, Inc.), Indenture (Oncogenex Pharmaceuticals, Inc.), Indenture (Oncogenex Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

Acceptance of Appointment by Successor Trustee. Any (a) In the case of an appointment hereunder of a successor trustee with respect to all Debt Securities, each successor trustee so appointed as provided in Section 7.10 shall execute, acknowledge execute and deliver to the Company Republic 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 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 Republic or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Republic 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 lien prior claim upon all property or funds held or collected by such trustee Trustee 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 7.11 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 7.095.6.

Appears in 7 contracts

Samples: First Supplemental Indenture (Republic of Colombia), First Supplemental Indenture (Republic of Chile), Indenture (Uruguay Republic Of)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 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 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 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 with respect to the trustee so ceasing to act. Upon 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 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 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 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 7.09. Upon acceptance of appointment by a successor trustee as provided in this Section 7.11, the Company shall give notice thereof (a) if any Unregistered Securities of a series affected are then Outstanding, to the Holders 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 3.09, 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)(2) 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 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 registry books. If the acceptance of appointment is substantially contemporaneous with the resignation, then the notice called for by the preceding sentence may be combined with the notice called for by Section 7.10. If the Company fails to give such notice within ten days after acceptance of appointment by the successor trustee, the successor trustee shall cause such notice to be given at the expense of the Company.

Appears in 6 contracts

Samples: Indenture (Covad Communications Group Inc), Indenture (Lexar Media Inc), Flextronics International LTD

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 6.10 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, trusts and duties and obligations with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trusteeTrustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 10.4, pay over and transfer to the provisions of Section 7.06successor Trustee all moneys and property at the time held by it hereunder and shall execute, execute acknowledge and deliver an instrument transferring to such successor trustee Trustee all the rights such rights, powers, trusts and powers with respect to the trustee so ceasing to actduties. Upon written request of any such successor trusteeTrustee, the Company Issuer shall execute and acknowledge any and all instruments in writing for more fully and certainly vesting in and confirming to such successor trustee Trustee all such rights money, property, rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such trustee Trustee for the benefit of such applicable series to secure any amounts then due it pursuant to the provisions of Section 7.066.6. No successor trustee Trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 6.8 and eligible under the provisions of Section 7.096.9.

Appears in 6 contracts

Samples: Indenture (CMS Energy Trust Ii), Indenture (CMS Energy Corp), Indenture (Laclede Capital Trust I)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, but nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of all amounts due to the trustee Trustee under Section 7.6, the Trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 4.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 Trustee ceasing to act act, shall, nevertheless, retain a prior 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 7.067.6. No successor trustee shall accept appointment as provided in this Section 7.11 unless at the time of such acceptance such successor trustee shall be qualified under the provisions of Section 7.08 7.8 and eligible under the provisions of Section 7.097.9.

Appears in 5 contracts

Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 8.06 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 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, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant to the provisions of Section 7.06, shall execute and deliver an instrument transferring to such successor trustee all the rights and powers with respect to of the trustee so ceasing to act. Upon 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 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 7.06. No successor trustee shall accept appointment as provided in this Section 7.11 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 7.098.05.

Appears in 4 contracts

Samples: Equipment Trust Agreement (Union Tank Car Co), Equipment Trust Agreement (Union Tank Car Co), Trust Agreement (Union Tank Car Co)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 shall execute, acknowledge execute 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 9.8, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer shall execute any and all instruments in writing for to more fully and certainly vesting in and confirming confirm to such successor trustee all such rights rights, powers, duties and powersobligations. Any trustee ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.095.6.

Appears in 3 contracts

Samples: Indenture (Cone Mills Corp), Cone Mills Corp, Cone Mills Corp

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 shall execute, acknowledge execute 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 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 Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.095.6.

Appears in 3 contracts

Samples: Weirton Steel Corp, Weirton Steel Corp, Weirton Steel Corp

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute, acknowledge execute and deliver to the Company Issuer and to its the 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.09.

Appears in 3 contracts

Samples: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.11 shall execute, acknowledge execute and deliver to the Company Issuer, the Guarantor 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company Issuer, the Guarantor or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 8.04 pay over to the provisions of Section 7.06, successor trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.095.08."

Appears in 1 contract

Samples: Indenture (Abn Amro Bank Nv)

Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in Section 7.10 hereunder shall execute, acknowledge and deliver to the Company and to its predecessor trustee Trustee an instrument accepting such appointment hereunderappointment, 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, trusts and duties and obligations with respect to such series of its predecessor Trustee 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 ceasing to act shallsuch predecessor Trustee, upon payment of any amounts then due it pursuant to the provisions of Section 7.065.07, shall execute and deliver an instrument transferring to such successor trustee Trustee all the rights and powers with respect of such predecessor Trustee, and shall duly assign, transfer and deliver to the trustee so ceasing to actsuch successor Trustee all property and funds held by such predecessor Trustee hereunder. Upon written 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 rights, powers and powerstrusts. Any trustee Trustee ceasing to act shall, nevertheless, nevertheless shall retain a lien Lien upon all property or funds held or collected by such trustee Trustee (except 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 7.11 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 7.095.07.

Appears in 1 contract

Samples: Prime Service Inc

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.09 other than Regions Bank appointed pursuant to Section 5.09, which appointment shall require no further action by it or the Issuer, 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 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 Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.095.06.

Appears in 1 contract

Samples: Indenture (Vitro Sa De Cv)

AutoNDA by SimpleDocs

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 8.9 shall execute, acknowledge execute ----------- 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 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 hereinhereunder; but, but nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee Trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 11.4, ------------ pay over to the provisions of Section 7.06, successor trustee all monies at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to act. obligations, Upon 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 Trustee ceasing to act shall, nevertheless, retain a lien prior claim upon all property or funds held or collected by such trustee 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 to this Section 7.11 ------- 8.10 unless at the time of such acceptance such successor trustee shall be ---- qualified under the provisions of Section 7.08 TIA (S) 310(b) and eligible under the provisions of Section 7.09.8.8. -----------

Appears in 1 contract

Samples: New Millennium Homes LLC

Acceptance of Appointment by Successor Trustee. Any ---------------------------------------------- successor trustee Trustee appointed as provided in under Section 7.10 4.9 hereof shall execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations with respect to such series of its predecessor Trustee 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 trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.064.6 hereof, execute and deliver an instrument transferring to such successor trustee Trustee all the rights rights, powers and powers with respect to trusts of the trustee Trustee so ceasing to act. Upon written request of any such successor trusteeTrustee, the Company Issuer 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 lien Lien upon all property or funds held or collected by such trustee Trustee 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 7.11 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 7.094.6 hereof.

Appears in 1 contract

Samples: Indenture (New Horizons of Yonkers Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 5.9 shall execute, acknowledge execute 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 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 issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 9.4, pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuer and each of 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.095.6.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

Acceptance of Appointment by Successor Trustee. Any (a) Every successor trustee appointed as provided in Section 7.10 6.8 shall execute, acknowledge and deliver to the Company Issuer and to its predecessor trustee an instrument accepting such appointment hereunderappointment, 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 hereinfor such series hereunder; but, nevertheless, on the written request of the Company Issuer or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant subject to Section 11.4, pay over to the provisions of Section 7.06, successor trustee all funds at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written 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 lien claim upon all property or funds held or collected by such trustee 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 7.11 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 7.096.6.

Appears in 1 contract

Samples: Allstate Life Global Funding

Acceptance of Appointment by Successor Trustee. Any successor trustee appointed as provided in Section 7.10 shall execute, acknowledge execute and deliver to the Company Issuers and to its the 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company Issuers or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon written request of any such successor trustee, the Company Issuers 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.09.

Appears in 1 contract

Samples: Freeport McMoran Copper & Gold Inc

Acceptance of Appointment by Successor Trustee. (a) Any successor trustee appointed as provided in Section 7.10 shall execute, acknowledge execute 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 with respect to such series of its predecessor hereunder, with like effect as if originally named as trustee hereinhereunder; but, nevertheless, on the written request of the Company or of the successor trustee, upon payment of its charges then unpaid, the trustee ceasing to act shall, upon payment of any amounts then due it pursuant shall pay over to the provisions of Section 7.06, successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all the rights such rights, powers, duties and powers with respect to the trustee so ceasing to actobligations. Upon 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 lien prior claim upon all property or funds held or collected by such trustee 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 7.11 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 7.09.

Appears in 1 contract

Samples: Indenture (Osi Pharmaceuticals Inc)

Acceptance of Appointment by Successor Trustee. Any successor trustee Trustee appointed as provided in under Section 7.10 4.9 hereof shall execute, acknowledge and deliver to the Company Issuer 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, trusts, duties and obligations with respect to such series of its predecessor Trustee 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 trusteeTrustee, the trustee Trustee ceasing to act shall, upon payment of any such amounts then due it pursuant to the provisions of Section 7.064.6 hereof, execute and deliver an instrument transferring to such successor trustee Trustee all the rights rights, powers and powers with respect to trusts of the trustee Trustee so ceasing to act. Upon written request of any such successor trusteeTrustee, the Company Issuer 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 lien Lien upon all property or funds held or collected by such trustee Trustee 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 7.11 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 7.094.6 hereof.

Appears in 1 contract

Samples: Indenture (Bradlees Stores Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.