Common use of Successor Trustee by Xxxxxx Clause in Contracts

Successor Trustee by Xxxxxx. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any of the Notes shall not have been authenticated, any successor Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 2 contracts

Samples: Indenture (Sealed Air Corp/De), Sealed Air Corp/De

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Successor Trustee by Xxxxxx. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7Seven, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any of the Notes shall not have been authenticated, any successor Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, provided that the right to adopt the certificate of authentication of any 105 predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Carnival PLC)

Successor Trustee by Xxxxxx. Any corporation entity into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation entity resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation entity succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation entity shall be otherwise qualified and eligible under this Article 7Seven, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any of the Notes shall not have been authenticated, any successor Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Royal Caribbean Cruises LTD)

Successor Trustee by Xxxxxx. Any corporation into which the --------------------------- Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise -------- qualified and eligible under this Article 7VII and under the Trust Indenture Act, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Convertible Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Convertible Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Convertible Notes. In case at the event that time any of the Convertible Notes shall not have been authenticatedauthenticated by such predecessor Trustee, any such successor Trustee may authenticate and deliver such Notes Convertible Notes, in either in the its own name or that of any its predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have , with the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidationTrustee.

Appears in 1 contract

Samples: Indenture (United Usn Inc)

Successor Trustee by Xxxxxx. Any corporation into which If the Trustee may be merged consolidates ----------- --------------------------- with, merges or converted or with which it may be consolidatedconverts into, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to transfers all or substantially all of the its corporate trust business of or assets to, another corporation or banking association, the Trusteeresulting, surviving or transferee corporation without any further act shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7, without the execution or filing of any paper or any further act on the part of any of the parties heretoTrustee. In case any Notes shall have been authenticated, but not delivered, by at the Trustee then in office, any time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture, any of the Securities shall have been authenticated but not delivered, any such authenticating successor to the Trustee may adopt such the certificate of authentication of any predecessor trustee, and deliver the Notes such Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In authenticated; and in case at that time any of the Notes Securities shall not have been authenticated, any successor to the Trustee may authenticate such Notes Securities either in the name of any predecessor hereunder or in the name of the successor to the Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes Securities in the name of any predecessor Trustee shall only apply only to its successor or successors by merger, conversion consolidation or consolidationconversion.

Appears in 1 contract

Samples: Black & Decker Corp

Successor Trustee by Xxxxxx. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7Seven, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any of the Notes shall not have been authenticated, any successor Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Transact LTD)

Successor Trustee by Xxxxxx. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any sale, merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by sale, merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any of the Notes shall not have been authenticated, any successor Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by sale, merger, conversion or consolidation.

Appears in 1 contract

Samples: Sealed Air Corp/De

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Successor Trustee by Xxxxxx. Any corporation or association into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation or association resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding or association to which all or substantially all of the corporate trust business of the TrusteeTrustee may be sold or otherwise transferred, shall be the successor of the Trustee trustee hereunder; provided that such corporation or association shall be otherwise qualified and eligible under this Article 7, VII and Section 310 of the Trust Indenture Act without the execution or filing of any paper or any further act on the part of any of the parties heretoact. In case any Notes shall have been authenticated, but not delivered, by at the Trustee then in office, any time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Indenture any of the Notes shall have been authenticated but not delivered, any such authenticating successor to the Trustee may adopt such the certificate of authentication of any predecessor trustee, and deliver the such Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In authenticated; and in case at that time any of the Notes shall not have been authenticated, any successor to the Trustee may authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee. In ; and in all such cases such adopted certificates shall have the full force and effect which of all provisions within the Notes or in this Indenture provides for relating to the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidationTrustee.

Appears in 1 contract

Samples: Empresa Brasileira De Aeronautica S.A.

Successor Trustee by Xxxxxx. Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7Seven, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Notes shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In case at that time any of the Notes shall not have been authenticated, any successor Trustee may 110 authenticate such Notes either in the name of any predecessor hereunder or in the name of the successor Trustee. In all such cases such certificates shall have the full force and effect which this Indenture provides for the certificate of authentication of the Trustee shall have; provided, however, provided that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Indenture (Carnival PLC)

Successor Trustee by Xxxxxx. Any corporation into which If the Trustee may be merged consolidates with, merges or converted or with which it may be consolidatedconverts into, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to transfers all or substantially all Substantially All of the its corporate trust business of or assets to, another corporation or banking association, the Trusteeresulting, surviving or transferee corporation without any further act shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7, without the execution or filing of any paper or any further act on the part of any of the parties heretoTrustee. In case any Notes shall have been authenticated, but not delivered, by at the Trustee then in office, any time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Senior Secured Notes Indenture any of the Senior Secured Notes shall have been authenticated but not delivered, any such authenticating successor to the Trustee may adopt such the certificate of authentication of any predecessor trustee, and deliver the such Senior Secured Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In authenticated; and in case at that time any of the Senior Secured Notes shall not have been authenticated, any successor to the Trustee may authenticate such Senior Secured Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee. In ; and in all such cases such certificates shall have the full force and effect which it is anywhere in the Senior Secured Notes or in this Senior Secured Notes Indenture provides for provided that the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Senior Secured Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD)

Successor Trustee by Xxxxxx. Any corporation into which If the Trustee may be merged consolidates with, merges or converted or with which it may be consolidatedconverts into, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to transfers all or substantially all Substantially All of the its corporate trust business of or assets to, another corporation or banking association, the Trusteeresulting, surviving or transferee corporation without any further act shall be the successor of the Trustee hereunder; provided that such corporation shall be otherwise qualified and eligible under this Article 7, without the execution or filing of any paper or any further act on the part of any of the parties heretoTrustee. In case any Notes shall have been authenticated, but not delivered, by at the Trustee then in office, any time such successor or successors by merger, conversion or consolidation to the Trustee shall succeed to the trusts created by this Senior Notes Indenture any of the Senior Notes shall have been authenticated but not delivered, any such authenticating successor to the Trustee may adopt such the certificate of authentication of any predecessor trustee, and deliver the such Senior Notes so authenticated with the same effect as if such successor Trustee had itself authenticated such Notes. In authenticated; and in case at that time any of the Senior Notes shall not have been authenticated, any successor to the Trustee may authenticate such Senior Notes either in the name of any predecessor hereunder or in the name of the successor to the Trustee. In ; and in all such cases such certificates shall have the full force and effect which it is anywhere in the Senior Notes or in this Senior Notes Indenture provides for provided that the certificate of authentication of the Trustee shall have; provided, however, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate such Senior Notes in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynolds Group Holdings LTD)

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