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

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on the request of the Guarantors or the successor trustee, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment Any successor Trustee appointed hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee execute an instrument accepting such appointment, appointment hereunder and thereupon the resignation or removal shall deliver one counterpart thereof to each of the retiring trustee shall become effective and other Trustees and, in case of a resignation, to the resigning Trustee. Thereupon such successor trusteeTrustee shall, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the estates, properties, rights, powers, trusts and duties of his or its predecessor in the retiring trusteeTrust hereunder with like effect as if originally named therein; butbut the resigning Trustee shall nevertheless, on the request of the Guarantors or when requested in writing by the successor trusteeTrustee or by the remaining Trustees, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge execute and deliver an instrument or instruments conveying and transferring to such successor trustee Trustee upon the trust herein expressed, all such the estates, properties, rights, powers and trusts of the retiring trustee such resigning Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money, if any, money held by such retiring trustee it hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment Any successor Trustee appointed hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee execute an instrument accepting such appointment, appointment hereunder and thereupon the resignation or removal shall deliver one counterpart thereof to each of the other Trustees and, in case of a resignation, to the retiring trustee shall become effective and Trustee. Thereupon such successor trusteeTrustee shall, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the estates, properties, rights, powers, trusts and duties of his or its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring trustee; butTrustee shall nevertheless, on the request of the Guarantors or when requested in writing by the successor trusteeTrustee or by the remaining Trustees, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge execute and deliver an instrument or instruments conveying and transferring to such successor trustee Trustee upon the trust herein expressed, all such the estates, properties, rights, powers and trusts of the such retiring trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money, if any, money held by such retiring trustee him hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors Corporation, the Guarantor and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on . On the request of the Guarantors Guarantor or the successor trustee, such the retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors Guarantor and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on . On the request of the Guarantors Guarantor or the successor trustee, such the retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors Partnership, the Guarantor and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on . On the request of the Guarantors Partnership, the Guarantor or the successor trustee, such the retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each Any successor trustee so appointed as provided in Section 6.10 shall execute, acknowledge execute and deliver to the Guarantors Issuer and to the retiring its predecessor trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor trustee with respect to all or any applicable series shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b))conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations with respect to such series of the retiring trusteeits predecessor hereunder, with like effect as if originally named as trustee for such series hereunder; but, nevertheless, on the written request of the Guarantors Issuer or of the successor trustee, such retiring trustee shall, upon payment of its fees and expenses charges then unpaid, executethe trustee ceasing to act shall, acknowledge subject to Section 10.04, pay over to the successor trustee all moneys at the time held by it hereunder and shall execute and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assignpowers, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.duties and

Acceptance of Appointment by Successor Trustee. (a1) In case of Upon the appointment hereunder of a any successor trusteeTrustee with respect to all Securities, each such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Guarantors Company and to the retiring trustee Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance (but subject to Section 5.11(b))conveyance, shall become vested with all the rights, powers, trusts and duties hereunder of the retiring trusteeTrustee; but, on the request of the Guarantors Company or the such successor trusteeTrustee, such retiring trustee shallTrustee, upon payment of its fees charges and expenses then unpaidthe charges of its agents and counsel, execute, acknowledge shall execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powers and trusts of the retiring trustee and Trustee and, subject to Section 10.3, shall duly assign, transfer and deliver to such successor trustee Trustee all property and moneymoney held by such retiring Trustee hereunder, subject nevertheless to its claim, if any, held by such retiring trustee hereunderprovided for in Section 6.6.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors Corporation, the Guarantor and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on . On the request of the Guarantors Corporation, the Guarantor or the successor trustee, such the retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trusteeTrustee with respect to all Securities, each every such successor trustee Trustee so appointed shall execute, acknowledge and deliver to the Guarantors Company and to the retiring trustee Trustee an instrument accepting such appointment, and thereupon . Thereupon the resignation or removal of the retiring trustee Trustee shall become effective and such successor trusteeTrustee, without any further act, deed or conveyance (but subject to Section 5.11(b))conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring trusteeTrustee; but, on the request of the Guarantors Company or on the request of the successor trusteeTrustee, such retiring trustee Trustee shall, upon payment of its fees and expenses then unpaidcharges, execute, acknowledge execute and deliver an instrument transferring to such successor trustee Trustee all such the rights, powers and trusts of the retiring trustee Trustee and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money, if any, money held by such retiring trustee Trustee hereunder; provided, that such property and money shall continue to be subject to any lien in favor of the retiring Trustee provided for in Section 7.06.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment Any Successor Trustee appointed hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee execute an instrument accepting such appointment hereunder and shall deliver a counterpart copy thereof to the trustees of the Distribution Trusts, and the beneficiaries thereof, in the next report delivered in accordance with Article V hereof and, in the case of a resignation, to the resigning Trustee. Upon such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trusteeSuccessor Trustee shall, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the estate, properties, rights, powers, trusts trusts, and duties of his predecessor in the retiring trustee; butLiquidating Trust hereunder with like effect as if originally named therein, on but the request of resigning Trustee shall nevertheless, when requested in writing by the Guarantors or the successor trusteeSuccessor Trustee, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge execute and deliver an any instrument or instruments for conveying and transferring to such successor trustee Successor Trustee upon the trust herein expressed all such of the estates, properties, rights, powers and trusts of the such retiring trustee Trustee, and shall duly assign, transfer transfer, and deliver to such successor trustee Successor Trustee all property and money, if any, money held by such retiring trustee it hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on the request of the Guarantors or the successor trustee, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such [GUARANTEE INDENTURE FOR SERIES 5 SHARES] successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each Any successor trustee so appointed as provided in Section 6.10 shall execute, acknowledge and deliver to the Guarantors Issuer and to the retiring its predecessor trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b))conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring trusteeits predecessor hereunder, with like effect as if originally named as trustee hereunder; but, nevertheless, on the written request of the Guarantors Issuer or of the successor trustee, such retiring trustee shallTrustee, upon payment of its fees and expenses charges then unpaid, the trustee ceasing to act shall, subject to Section 10.4, pay over and transfer to the successor Trustee all moneys and property at the time held by it hereunder and shall execute, acknowledge and deliver an instrument transferring to such successor trustee Trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.powers,

Acceptance of Appointment by Successor Trustee. Any successor Trustee (aincluding the Alternate Trustees) In case of the appointment appointed hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee execute an instrument accepting such appointmentappointment hereunder and shall deliver one counterpart, and thereupon the resignation or removal in case of a resignation, to the retiring trustee shall become effective and Trustee. Thereupon such successor trusteeTrustee shall, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the estates, properties, rights, powers, trusts trusts, and duties of its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring trustee; butTrustee shall nevertheless, on the request of the Guarantors or when requested in writing by the successor trusteeTrustee, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge execute and deliver an instrument or instruments conveying and transferring to such successor trustee Trustee upon the trust herein expressed, all such the estates, properties, rights, powers powers, and trusts of the such retiring trustee Trustee, and it shall duly assign, transfer transfer, and deliver to such successor trustee Trustee all property and money, if any, money held by such retiring trustee Trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) 5.11.1 In case of the appointment hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b)5.11.2), shall become vested with all the rights, powers, trusts and duties of the retiring trustee; but, on the request of the Guarantors or the successor trustee, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assign, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment Any successor Trustee appointed hereunder of a successor trustee, each successor trustee so appointed shall execute, acknowledge and deliver to the Guarantors and to the retiring trustee execute an instrument accepting such appointment, appointment hereunder and thereupon the resignation or removal shall deliver one counterpart thereof to each of the other Trustees and, in case of a resignation, to the retiring trustee shall become effective and Trustee. Thereupon such successor trusteeTrustee shall, without any further act, deed or conveyance (but subject to Section 5.11(b)), shall become vested with all the estates, properties, rights, powers, trusts and duties of his or its predecessor in the Trust hereunder with like effect as if originally named therein; but the retiring trustee; butTrustee shall nevertheless, on the request of the Guarantors or when requested in writing by the successor trusteeTrustee or by the remaining Trustees, such retiring trustee shall, upon payment of its fees and expenses then unpaid, execute, acknowledge execute and deliver an instrument or instruments conveying and transferring to such successor trustee Trustee upon the trust herein expressed, all such the estates, properties, rights, powers and trusts of the such retiring trustee Trustee, and shall duly assign, transfer and deliver to such successor trustee Trustee all property and money, if any, money held by such retiring trustee him or her hereunder.

Acceptance of Appointment by Successor Trustee. (a) In case of the appointment hereunder of a successor trustee, each Any successor trustee so appointed as provided in Section 7.10 shall execute, acknowledge and deliver to the Guarantors Company and to the retiring its predecessor trustee an instrument accepting such appointmentappointment hereunder, and thereupon the resignation or removal of the retiring predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance (but subject to Section 5.11(b))conveyance, shall become vested with all the rights, powers, trusts duties and duties obligations of the retiring trusteeits predecessor hereunder, with like effect as if originally named as trustee hereunder; butbut nevertheless, on the written request of the Guarantors Company or of the successor trustee, such retiring trustee shall, upon payment of its fees all amounts due to the Trustee under Section 7.6, the Trustee ceasing to act shall, subject to Section 4.4, pay over to the successor trustee all moneys at the time held by it hereunder and expenses then unpaid, execute, acknowledge shall execute and deliver an instrument transferring to such successor trustee all such rights, powers and trusts of the retiring trustee and shall duly assignpowers, transfer and deliver to such successor trustee all property and money, if any, held by such retiring trustee hereunder.duties and