Common use of Concerning any Successor Trustee Clause in Contracts

Concerning any Successor Trustee. Every successor trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, and to the Corporation, an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trustee; but such predecessor shall, nevertheless, on the written request of the Corporation, or of its successor trustee, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee shall deliver all securities and moneys and Balances held by it as trustee hereunder to its successor together with an accounting of the Balances held by it hereunder. Should any instrument in writing from the Corporation be required by any successor trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Corporation. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall be forthwith filed and/or recorded by the successor trustee in each recording office where this Indenture shall have been filed and/or recorded.

Appears in 4 contracts

Samples: Education Loans Inc /De, Please Insert Social Security (Education Loans Inc /De), Participation Agreement (Education Loans Inc /De)

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Concerning any Successor Trustee. Every successor or temporary trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successorsuccessor or temporary trustee, without any further act, assignment act or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the Corporation, Issuer or of its successor trustee, execute and deliver an instrument transferring to such successor trustee all the estatesestate, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee shall deliver all securities and securities, moneys and Balances any other property held by it as trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall shall, at the expense of the Issuer, be forthwith filed and/or recorded by the successor trustee in each recording office where this the Indenture shall have been filed and/or recorded.

Appears in 4 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Trust Indenture (Entergy Louisiana, LLC), Entergy Louisiana, LLC

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Authority an instrument in writing accepting such appointment hereunder, hereunder and to the predecessor Trustee an instrument indemnifying the predecessor Trustee for any costs or claims arising during the time the successor Trustee serves as Trustee hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request Request of the CorporationAuthority, or of its successor trusteethe Trustee’s successor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Authority be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteeTrustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Corporation. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall be forthwith filed and/or recorded by the successor trustee in each recording office where this Indenture shall have been filed and/or recordedAuthority.

Appears in 3 contracts

Samples: Indenture of Trust, mccmeetingspublic.blob.core.usgovcloudapi.net, mccmeetingspublic.blob.core.usgovcloudapi.net

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder under this Master Indenture shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, NVTC an instrument in writing accepting such appointment hereunderappointment, and thereupon thereafter such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trustee; but such predecessor. Such predecessor shall, nevertheless, on the written request of NVTC or the Corporation, or of its successor trusteeTrustee's successor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, under this Master Indenture; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances money held by it as trustee hereunder Trustee under this Master Indenture to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation NVTC be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesproperties, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationNVTC. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Master Indenture shall may have been filed and/or recorded.

Appears in 3 contracts

Samples: Master Indenture of Trust, www.vre.org, www.vre.org

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all of the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this the Indenture shall have been filed and/or recordedrecorded and the successor Trustee shall bear the cost thereof.

Appears in 3 contracts

Samples: Trust Indenture (Gulf Power Co), Trust Indenture (Gulf Power Co), Gulf Power Co

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder under this Master Indenture shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, HRTAC an instrument in writing accepting such appointment hereunderappointment, and thereupon thereafter such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trustee; but such predecessor. Such predecessor shall, nevertheless, on the written request of HRTAC or the Corporation, or of its successor trusteeTrustee’s successor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, under this Master Indenture; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances money held by it as trustee hereunder Trustee under this Master Indenture to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation HRTAC be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesproperties, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationHRTAC. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Master Indenture shall may have been filed and/or recorded.

Appears in 3 contracts

Samples: Master Indenture of Trust, Master Indenture of Trust, Master Indenture of Trust

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the Corporation, Issuer and the Borrower an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, truststrust, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers power and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office office, if any, where this Indenture shall have been filed and/or or recorded.

Appears in 2 contracts

Samples: Trust Indenture (First United Ethanol LLC), Trust Indenture (First United Ethanol LLC)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, accepting assignment of the beneficial interest in the Bond Mortgage, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, the Borrower or the Credit Facility Provider, or of its successor trusteesuccessor, and upon payment of all amounts due such predecessor, including but not limited to fees and expenses of counsel, execute and deliver an instrument transferring such instruments as may be appropriate to transfer to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities securities, including, but not limited to, the existing Credit Facility, and moneys and Balances money held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any a successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or recorded.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, an Issuer a written instrument in writing accepting such appointment hereunder, accepting assignment of the beneficial interest in the Bond Mortgage, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, Trust Estate and the rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, the Borrower or the Credit Facility Provider, or of its successor trusteesuccessor, and upon payment of all amounts due such predecessor, including but not limited to fees and expenses of counsel, execute and deliver an instrument transferring such instruments as may be appropriate to transfer to such successor trustee Trustee all the estates, properties, Trust Estate and the rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities securities, including, but not limited to, the existing Credit Facility, and moneys and Balances money held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any a successor trustee Trustee for more fully and certainly vesting in such successor the estates, Trust Estate and all rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or recorded. Each successor Trustee shall mail notice by first class mail, postage prepaid, at least once within 30 days of such appointment, to the Owners of all Bonds Outstanding at their addresses on the Bond Register.

Appears in 2 contracts

Samples: Trust Indenture, Multifamily Housing Revenue

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all of the estates, including the First Mortgage Bonds, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office office, if any, where this Indenture shall have been filed and/or recordedrecorded and the successor Trustee shall bear the cost thereof.

Appears in 2 contracts

Samples: Trust Indenture (Entergy Arkansas Inc), Trust Indenture (Entergy Arkansas Inc)

Concerning any Successor Trustee. Every successor or temporary trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Authority an instrument in writing accepting such appointment hereunder, and thereupon such successorsuccessor or temporary trustee, without any further act, assignment act or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the Corporation, Authority or of its successor trustee, execute and deliver an instrument transferring to such successor trustee all the estatesestate, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee shall deliver all securities and securities, moneys and Balances any other property held by it as trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Authority be required by any successor trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationAuthority. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall shall, at the expense of the Authority, be forthwith filed and/or recorded by the successor trustee in each recording office where this the Indenture shall have been filed and/or recorded.

Appears in 2 contracts

Samples: Trust Indenture (Entergy Louisiana, LLC), Agreement (Entergy Louisiana, LLC)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, propertiesProperties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, and upon payment of all amounts due such predecessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, propertiesProperties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any a successor trustee Trustee for more fully and certainly vesting in such successor the estates, Properties, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article VII, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this the Indenture shall have been filed and/or recorded.

Appears in 2 contracts

Samples: Plug Power Inc, Mechanical Technology Inc

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor predecessors shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteetheir successors, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances money held by it as trustee the Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunderxxxxxxxxx, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture or notice hereof shall have been filed and/or or recorded.

Appears in 1 contract

Samples: www.cideg.org

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationIssuer, the Servicers, the Supervisory Servicer, the Noteholders and the Rating Agency an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting or his successor, including, but not limited to, a transfer of the Balances held by it hereunderLoans and the Trustee Loan Files. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded. Any successor Trustee shall be required to (i) have corporate trust powers, (ii) have not less than $100,000,000 in capital and surplus, (iii) be a member of the Federal Deposit Insurance Corporation, and (iv) have a long-term unsecured debt rating from the Rating Agency of at least "A" if the Initial Purchaser is then a Noteholder or otherwise, at least "Baa3".

Appears in 1 contract

Samples: Trust Indenture (PMC Capital Inc)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and to also the Corporation, Corporation and the District an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationDistrict, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of successor. Upon such acceptance, the Balances held by it hereunderDistrict shall mail, or cause the mailing of, notice thereof to the Certificate Owners at their respective addresses set forth on the Certificate Register. Should any instrument in writing from the Corporation District be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationDistrict. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture the Assignment Agreement shall have been filed and/or or recorded, if applicable.

Appears in 1 contract

Samples: Trust Agreement

Concerning any Successor Trustee. Every successor or temporary trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successorsuccessor or temporary trustee, without any further act, assignment act or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the Corporation, Issuer or of its successor trustee, execute and deliver an instrument transferring to such successor trustee all the estatesestate, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee shall deliver all securities securities, monies and moneys and Balances any other property held by it as trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged acknowledged, and delivered by the CorporationIssuer. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall X shall, at the expense of Issuer, be forthwith filed and/or recorded by the successor trustee in each recording office where this the Indenture shall have been filed and/or recorded.

Appears in 1 contract

Samples: Cross Border Resources, Inc.

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderor his successor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this the Indenture shall have been filed and/or recordedrecorded and the successor Trustee shall bear the costs thereof.

Appears in 1 contract

Samples: Trust Indenture (System Energy Resources Inc)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Corporation and the District an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationDistrict, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation District be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationDistrict. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article VIII, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have the Assignment Agreement has been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Agreement

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee for Trustee in order to more fully and certainly vesting vest in such successor the estates, properties, rights, powers and duties trusts hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this the Indenture and Lease Agreement shall have been filed and/or recorded.

Appears in 1 contract

Samples: Lease Agreement (Tenaska Georgia Partners Lp)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and to also the Corporation, Authority and the Town an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationTown, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of successor. Upon such acceptance, the Balances held Town shall mail, by it hereunderfirst class mail, postage prepaid, or cause the mailing of, notice thereof to the Certificate Owners at their respective addresses set forth on the Registration Books. Should any instrument in writing from the Corporation Town be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationTown. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture the Assignment Agreement shall have been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Agreement

Concerning any Successor Trustee. Every successor -------------------------------- trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, and to the Corporation, an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trustee; but such predecessor shall, nevertheless, on the written request of the Corporation, or of its successor trustee, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee shall deliver all securities and moneys and Balances held by it as trustee hereunder to its successor together with an accounting of the Balances held by it hereunder. Should any instrument in writing from the Corporation be required by any successor trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Corporation. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall be forthwith filed and/or recorded by the successor trustee in each recording office where this Indenture shall have been filed and/or recorded.

Appears in 1 contract

Samples: Education Loans Inc /De

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationIssuer, the Servicers, the Supervisory Servicer, the Noteholders and the Rating Agency an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting or his successor, including, but not limited to, a transfer of the Balances held by it hereunderLoans and the Trustee Loan Files. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded.. Any successor Trustee shall be required to (i) have corporate trust powers, (ii) have not less than $100,000,000 in capital and surplus, (iii) be a member of the Federal Deposit Insurance Corporation, and (iv) have a long-term unsecured debt rating from the Rating Agency of at least "Baa3". TRUST INDENTURE - Page 45

Appears in 1 contract

Samples: Trust Indenture (PMC Capital Inc)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationSponsor, the Trustee and the Manager an instrument in writing accepting such appointment hereunder, with a copy to the Residual Holders, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationSponsor, or of its successor trusteesuccessors, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderor his successor. Should any instrument in writing from the Corporation Sponsor be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationSponsor. The resignation of any trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Indenture (BFC Finance Corp)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationIssuer, an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor predecessors shall, nevertheless, on the written request of the Corporation, or of its successor trusteeIssuer, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, hereunder and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of or his successor, less the Balances held by it hereunderreasonable fees owed and legally due to the Trustee. Should any instrument in writing from the Corporation Issuer be required by any a successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded, if any.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee for Trustee in order to more fully and certainly vesting vest in such successor the estates, properties, rights, powers and duties trusts hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture the Financing Statements shall have been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Indenture (Sterigenics International)

Concerning any Successor Trustee. Every successor trustee Trustee ------------ -------------------------------- appointed hereunder under this Indenture shall execute, acknowledge and deliver to its predecessor, predecessor and also to the CorporationIssuer, the Remarketing Agent and the Borrower an instrument in writing accepting such appointment hereunderappointment, and thereupon thereafter such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trustee; but such predecessor. Such predecessor shall, nevertheless, on the written request of the CorporationIssuer, the Borrower, the Remarketing Agent or of its successor trusteethe Trustee's successor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers power and trusts of such predecessor hereunder, under this Indenture; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderand any records required hereunder to be held. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesproperties, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office office, if any, where this Indenture shall may have been filed and/or recorded.

Appears in 1 contract

Samples: Indenture of Trust (Pen Tab Industries Inc)

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Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationIssuer, the Servicers, the Supervisory Servicer, the Noteholders and the Rating Agency an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting or his successor, including, but not limited to, a transfer of the Balances held by it hereunderLoans and the Trustee Loan Files. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded. Any successor Trustee shall be required to (i) have corporate trust powers, (ii) have not less than $100,000,000 in capital and surplus, (iii) be a member of the Federal Deposit Insurance Corporation, and (iv) have a long-term unsecured debt rating from the Rating Agency of at least "Baa3".

Appears in 1 contract

Samples: Trust Indenture (PMC Capital Inc)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationIssuer, an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor predecessors shall, nevertheless, on the written request of the Corporation, or of its successor trusteeIssuer, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, hereunder and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderor his successor. Should any instrument in writing from the Corporation Issuer be required by any a successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded, if any.

Appears in 1 contract

Samples: Bond Trust Indenture and Security Agreement

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, County an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationCounty, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held held, by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation County be required by any successor trustee for Trustee in order to vest more fully and certainly vesting in such successor the estates, properties, rights, powers and duties trusts hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationCounty. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee in each recording office where this Indenture shall have been filed and/or recorded.and/or

Appears in 1 contract

Samples: Agreement of Sale (Toms Foods Inc)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer and Controlling Party an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor predecessors shall, nevertheless, on the written request of the CorporationIssuer or the Controlling Party, or of its successor trusteetheir respective successors, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee shall Trustee shall, upon payment of its charges, deliver all securities and moneys and Balances money held by it as trustee the Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture or notice hereof shall have been filed and/or or recorded.

Appears in 1 contract

Samples: GMH Communities Trust

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and to also the Corporation, Corporation and the County an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the Corporation, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation be reasonably required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Corporation. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article VIII, or a memorandum thereof, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture the Assignment Agreement shall have been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Agreement

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer and the Obligated Group an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, and receipt of payment of any outstanding amounts owed, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee for Trustee in order to more fully and certainly vesting vest in such successor the estates, properties, rights, powers and duties trusts hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Indenture Indenture, the Mortgage and the Financing Statements shall have been filed and/or recorded.

Appears in 1 contract

Samples: Trust Indenture

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, County an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationCounty, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderor his successor. Should any instrument in writing from the Corporation County be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationCounty. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this the Indenture shall have been filed and/or recordedrecorded and the successor Trustee shall bear the costs thereof.

Appears in 1 contract

Samples: Mississippi Power & Light Co

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, propertiesProperties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, and upon payment of all amounts due such predecessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, propertiesProperties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any a successor trustee Trustee for more fully and certainly vesting in such successor the estates, Properties, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article VII, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or recorded.

Appears in 1 contract

Samples: Trust Indenture (Angiodynamics Inc)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all of the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or recordedrecorded and the successor Trustee shall bear the cost thereof.

Appears in 1 contract

Samples: System Energy Resources Inc

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the CorporationCertificate Insurer, the Corporation and the District an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationDistrict, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation District be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationDistrict. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article VIII, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have the Assignment Agreement has been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Agreement

Concerning any Successor Trustee. Every successor trustee Successor Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successorSuccessor Trustee, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the Corporation, or of its successor trustee, Issuer execute and deliver an instrument transferring to such successor trustee Successor Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderSuccessor Trustee. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Successor Trustee for more fully and certainly vesting in such successor Successor Trustee the estatesproperties, rights, powers and duties INDENTURE OF TRUST - Page 39. hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor Successor Trustee hereunder, together with all other instruments provided for in this Article Section 9.10, shall be forthwith filed and/or recorded in the manner required by the successor trustee in each recording office where this Indenture shall have been filed and/or recordedlaw.

Appears in 1 contract

Samples: Enron Corp/Or/

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and also to the CorporationIssuer, the Servicers, the Supervisory Servicer, the Noteholders and the Rating Agency an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting or his successor, including, but not limited to, a transfer of the Balances held by it hereunderLoans and the Trustee Loan Files. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article Article, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture shall have been filed and/or or recorded. Any successor Trustee shall be required to (i) have corporate trust powers, (ii) have not less than $100,000,000 TRUST INDENTURE - Page 43 in capital and surplus, (iii) be a member of the Federal Deposit Insurance Corporation, and (iv) have a long-term unsecured debt rating from the Rating Agency of at least "Baa3" or its equivalent, as applicable.

Appears in 1 contract

Samples: Trust Indenture (PMC Commercial Trust /Tx)

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, and to the CorporationIssuer, an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteeTrustee; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteeTrustee, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereunderhereunder and shall take such actions as may be necessary to cause any Credit Enhancement Facility to be transferred to the successor Trustee. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trustee, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Corporation. The resignation of any trustee and the instrument or instruments removing any trustee and appointing a successor hereunder, together with all other instruments provided for in this Article shall be forthwith filed and/or recorded by the successor trustee in each recording office where this Indenture shall have been filed and/or recordedIssuer.

Appears in 1 contract

Samples: Collegiate Funding Services Inc

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, or his predecessor and to also the Corporation, Authority and the City an instrument in writing accepting such appointment hereunder, hereunder and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessors; but such predecessor shall, nevertheless, on the written request of the CorporationCity, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee the Trustee hereunder to its successor together with an accounting of successor. Upon such acceptance, the Balances held City shall mail, by it hereunderfirst class mail, postage prepaid, or cause the mailing of, notice thereof to the Certificate Owners at their respective addresses set forth on the Registration Books. Should any instrument in writing from the Corporation City be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationCity. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or or recorded by the successor trustee Trustee in each recording office where this Indenture the Assignment Agreement shall have been filed and/or or recorded.

Appears in 1 contract

Samples: Trust Agreement

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its the successor trusteeTrustee, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, ; and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article VIII shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office office, if any, where this the Indenture shall have been filed and/or recorded.

Appears in 1 contract

Samples: Bond Purchase Agreement

Concerning any Successor Trustee. Every successor trustee Trustee appointed hereunder shall execute, acknowledge and deliver to its predecessor, predecessor and also to the Corporation, Issuer an instrument in writing accepting such appointment hereunder, and thereupon such successor, without any further act, assignment deed or conveyance, shall become fully vested with all of the estates, properties, rights, powers, trusts, duties and obligations of its predecessor as trusteepredecessor; but such predecessor shall, nevertheless, on the written request of the CorporationIssuer, or of its successor trusteesuccessor, execute and deliver an instrument transferring to such successor trustee Trustee all the estates, properties, rights, powers and trusts of such predecessor hereunder, and every predecessor trustee Trustee shall deliver all securities and moneys and Balances held by it as trustee Trustee hereunder to its successor together with an accounting of the Balances held by it hereundersuccessor. Should any instrument in writing from the Corporation Issuer be required by any successor trustee Trustee for more fully and certainly vesting in such successor the estatesestate, rights, powers and duties hereby vested or intended to be vested in the predecessor trusteepredecessor, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the CorporationIssuer. The resignation of any trustee Trustee and the instrument or instruments removing any trustee Trustee and appointing a successor hereunder, together with all other instruments provided for in this Article IX, shall be forthwith filed and/or recorded by the successor trustee Trustee in each recording office office, if any, where this Indenture shall have been filed and/or recordedrecorded and the successor Trustee shall bear the cost thereof.

Appears in 1 contract

Samples: Depositary Agreement (System Energy Resources Inc)

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