THE SUCCESSOR TRUSTEE Sample Clauses

THE SUCCESSOR TRUSTEE. Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that:

THE SUCCESSOR TRUSTEE. Section 301. The Successor Trustee hereby represents and warrants to ----------- the Resigning Trustee and to the Company that the Successor Trustee is qualified and eligible under the provisions of Section 609 of the Indenture to act as Trustee under the Indenture.

THE SUCCESSOR TRUSTEE. SECTION 3.01 Successor Trustee hereby represents and warrants to Prior Trustee and to the Issuer that Successor Trustee is not disqualified to act as Trustee under the Indenture. SECTION 3.02 Successor Trustee hereby accepts its appointment as Successor Trustee, Paying Agent and Registrar under the Indenture and accepts the rights, powers, duties and obligations of Prior Trustee as Trustee, Paying Agent and Registrar under the Indenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Paying Agent and Registrar under the Indenture.

THE SUCCESSOR TRUSTEE. 3.1. Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that: (a) Successor Trustee is not disqualified under the provisions of Section 7.10 and is eligible under the provisions of Section 7.10 of each of the Indentures to act as Trustee under each of the Indentures. (b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. 3.2. Successor Trustee hereby accepts its appointment as successor Trustee, Registrar and Paying Agent under each of the Indentures and accepts the rights, powers, and duties of Resigning Trustee as Trustee, Registrar and Paying Agent under each of the Indentures, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Registrar and Paying Agent under each of the Indentures. 3.3. Promptly after the effective date of this Agreement, the Successor Trustee shall cause a notice, substantially in the form of Exhibit B annexed hereto, to be sent to each Holder of the Securities in accordance with the provisions of Section 7.08(f) of each of the Indentures. 3.4. References in each of the Indentures to “Principal Office” or other similar terms shall be deemed to refer to the designated corporate trust office of Successor Trustee, which is presently located at 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx.

THE SUCCESSOR TRUSTEE. SECTION 301. The Successor Trustee hereby represents and warrants to the Resigning Trustee and to the Company that this Agreement has been duly authorized, executed and delivered on behalf of the Successor Trustee. The Successor Trustee further represents and warrants to the Company that it is qualified and eligible to serve as Trustee under Section 7.10 of the Indenture and the Trust Indenture Act of 1939, as amended, as in effect on the date hereof.

THE SUCCESSOR TRUSTEE. SECTION 3.1. Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that: (a) Successor Trustee is qualified and eligible under the provisions of Article Eight of the Indenture and under the Trust Indenture Act of 1939, as amended by the Trust Indenture Reform Act of 1990 and as in effect as of the date hereof, to act as Trustee under the Indenture. (b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legal, valid and binding obligation. (a) Successor Trustee hereby accepts its appointment as successor Trustee, Paying Agent, Conversion Agent, and Security Registrar under the Indenture with respect to all Securities heretofore or hereafter authenticated and delivered pursuant thereto and all property and money held or to be held under the Indenture and accepts the rights, powers, trusts, duties and obligations of Resigning Trustee as Trustee, Paying Agent, Conversion Agent, and Security Registrar, under the Indenture with respect to all Securities heretofore or hereafter authenticated and delivered pursuant thereto and all property and money held or to be held under the Indenture, upon the terms and conditions set forth therein, as Trustee, Paying Agent, Conversion Agent, and Security Registrar under the Indenture from the effective date of its appointment forward. (b) Within a reasonable time after the effective date of this Agreement, Successor Trustee shall cause a notice, substantially in the form of Exhibit C annexed hereto, to be sent to each Holder of the Securities in accordance with the provisions of Section 8.08 of the Indenture. SECTION 3.3. References in the Indenture to “Corporate Trust Office” or other similar terms shall be deemed to refer to the Corporate Trust Office of Successor Trustee at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 or any other office of Successor Trustee at which, at any particular time, its corporate trust business shall be administered.

THE SUCCESSOR TRUSTEE. 3.1 Successor Trustee hereby represents and warrants to Resigning Trustee and to the Company that: (a) Successor Trustee is not disqualified under the provisions of Section 709 and is eligible under the provisions of Section 709 of the Indenture to act as Trustee under the Indenture. (b) This Agreement has been duly authorized, executed and delivered on behalf of Successor Trustee and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms, except as the enforceability of this Agreement may be limited by bankruptcy, insolvency or other similar laws of general application affecting the enforcement of creditor’s rights or by general principles of equity limiting the availability of equitable remedies. 3.2 Effective as of the First Effective Date, Successor Trustee hereby accepts its appointment as successor Trustee under the Indenture and accepts the rights, powers, trusts and duties of Resigning Trustee as Trustee under the Indenture, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee under the Indenture. Effective as of the Second Effective Date, Successor Trustee hereby accepts its appointment as successor Registrar, Paying Agent and Custodian under the Indenture and accepts the rights, powers and duties as Registrar, Paying Agent and Custodian under the Indenture, upon the terms and conditions set forth therein, with like effect as if originally named as Registrar, Paying Agent and Custodian under the Indenture. 3.3 References in the Indenture to “Office of the Trustee”, “Corporate Trust Office” or other similar terms shall be deemed to refer to the designated corporate trust office of Successor Trustee, which is presently located at 00000 Xxxxx Xxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000.

THE SUCCESSOR TRUSTEE. Section 3.01. The Successor Trustee hereby represents and warrants to the Resigning Trustee and to the Issuer that the Successor Trustee is qualified and eligible under the provisions of Section 7.10 of the Indenture to act as Trustee under the Indenture. Successor Trustee is a national banking association duly organized and validly existing under the laws of the United States and is subject to the supervision of the Comptroller of the Currency of the United States as provided in the National Banking Act. Annexed hereto as Exhibit A are true and correct copies of the certificates evidencing the authority of the Successor Trustee to exercise trust powers. The authorization evidenced by such certificates is in full force and effect on the date hereof. Section 3.02. The Successor Trustee hereby accepts its appointment as Trustee under the Indenture and shall hereby be vested with all the rights, powers and trusts of the Trustee under the Indenture and with respect to all property and money held or to be held under the Indenture. Section 3.03. The Successor Trustee hereby accepts its appointment as Collateral Agent, Registrar and Paying Agent under the Indenture. Section 3.04. Promptly after the execution and delivery of this Instrument, the Successor Trustee, on behalf of the Issuer, shall cause a notice, a form of which is annexed hereto marked Exhibit B, to be sent to each registered owner of the Notes.

THE SUCCESSOR TRUSTEE. SECTION 3.01 Successor Trustee hereby represents and warrants to Prior Trustee and to the Company that Successor Trustee is not disqualified to act as Trustee under the Indenture.

THE SUCCESSOR TRUSTEE. Effective as of the Effective Date, the Successor Trustee hereby accepts its appointment as successor trustee under the Indenture and shall be vested with all of the rights, titles, interests, capacities, privileges, duties and responsibilities of the trustee under the Indenture.