ContractAppointment and Acceptance • December 7th, 2015 • Cef Equipment Holding LLC • Asset-backed securities
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Agreement”), dated as of December 4, 2015, by and among GE EQUIPMENT TRANSPORTATION LLC, SERIES 2015-1 a Delaware limited liability company (“Issuer”), GENERAL ELECTRIC COMPANY, a New York corporation (the “Resigning Servicer”), and GE CAPITAL GLOBAL HOLDINGS, LLC, a Delaware limited liability company (the “Successor Servicer”).
RECITALSAppointment and Acceptance • March 29th, 2002 • RCN Corp /De/ • Telephone communications (no radiotelephone)
ContractAppointment and Acceptance • July 30th, 2014 • Caesars Entertainment Operating Company, Inc. • Hotels & motels
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of July 29, 2014 (this “Instrument”), among CAESARS ENTERTAINMENT OPERATING COMPANY, INC. (f/k/a HARRAH’S OPERATING COMPANY, INC.), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at One Caesars Palace Drive, Las Vegas, Nevada 89101 (the “Issuer”), WILMINGTON SAVINGS FUND SOCIETY, FSB, a federal savings bank duly organized and existing under the laws of the United States, having its principal corporate trust office at 500 Delaware Avenue, Wilmington, Delaware 19801, in its capacities as successor Trustee and successor Collateral Agent (collectively, the “Successor Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, having its corporate trust office at 60 Livingston Avenue, St. Paul, Minnesota 55107, in its capacities as resigning Trustee and resigning Collatera
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCEAppointment and Acceptance • February 27th, 2009 • NuStar GP Holdings, LLC • Pipe lines (no natural gas) • New York
WHEREAS, the Issuer, the Guarantor and Resigning Trustee have entered into the Indenture, dated as of July 15, 2002 (the “Base Indenture”), as amended and supplemented by (i) the First Supplemental Indenture thereto, dated as of July 15, 2002 (the “First Supplemental Indenture”), (ii) the Second Supplemental Indenture thereto, dated as of March 18, 2003 (the “Second Supplemental Indenture”) and (iii) the Third Supplemental Indenture thereto, dated as of July 1, 2005, among the Issuer, the Guarantor, the Affiliate Guarantor and the Resigning Trustee (the “Third Supplemental Indenture”) (the Base Indenture, as supplemented from time to time, including without limitation pursuant to the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture, the “Indenture”), which provides for the issuance of the Issuer’s Securities, the outstanding series of which are set forth on Exhibit A hereto (collectively, the “Notes”); and
ContractAppointment and Acceptance • August 3rd, 2016 • Memorial Production Partners LP • Crude petroleum & natural gas • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 24, 2016, is by and among Memorial Production Partners LP, a Delaware limited partnership (the “Partnership”), Memorial Production Finance Corporation, a Delaware corporation (“Finance Corp.” and, together with the Partnership, the “Issuers”), Wilmington Trust, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • August 8th, 2016 • Sanchez Energy Corp • Crude petroleum & natural gas • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of May 20, 2016 (“Effective Date”), is by and among Sanchez Energy Corporation, a Delaware corporation (the “Issuer”), Delaware Trust Company, a Delaware state chartered trust company duly organized and existing under the laws of the State of Delaware (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • July 30th, 2014 • Caesars Entertainment Operating Company, Inc. • Hotels & motels
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of July 29, 2014 (this “Instrument”), among Caesar’s Entertainment Operating Company, Inc., FKA Harrah’s Operating Company Inc., a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at One Harrah’s Court, Las Vegas, Nevada 89119, (the “Issuer”), Law Debenture Trust Company of New York, a national banking association, having its principal corporate trust office at 400 Madison Avenue, Suite 4D, New York, New York 10017, as successor Trustee (the “Successor Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, having its corporate trust office at 2300 W. Sahara Avenue, Suite 200, Las Vegas, Nevada 89102 as resigning Trustee (the “Resigning Trustee”).
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCEAppointment and Acceptance • February 27th, 2009 • NuStar Energy L.P. • Pipe lines (no natural gas) • New York
WHEREAS, the Partnership and Resigning Trustee have entered into the Indenture, dated as of February 21, 2002 (the “Original Indenture”), as amended and supplemented by (i) the First Supplemental Indenture thereto dated as of February 21, 2002 (the “First Supplemental Indenture”), (ii) the Second Supplemental Indenture thereto dated as of August 9, 2002 and effective as of April 4, 2002 (the “Second Supplemental Indenture”), (iii) the Third Supplemental Indenture thereto dated and effective as of May 16, 2003 (the “Third Supplemental Indenture”), (iv) the Fourth Supplemental Indenture thereto dated as of May 27, 2003 (the “Fourth Supplemental Indenture”), and (v) the Fifth Supplemental Indenture thereto dated as of July 1, 2005 among the Partnership, the Affiliate Guarantors and Resigning Trustee (the “Fifth Supplemental Indenture”) (the Original Indenture, as supplemented from time to time, including without limitation pursuant to the First Supplemental Indenture, the Second Supplemen
OMNIBUS AMENDMENT NO. 3 AND APPOINTMENT AND ACCEPTANCEAppointment and Acceptance • April 30th, 2008 • Herbst Gaming Inc • Services-miscellaneous amusement & recreation • New York
OMNIBUS AMENDMENT NO. 3 AND APPOINTMENT AND ACCEPTANCE, dated as of April 24, 2008 (this “Agreement”), among BANK OF AMERICA, N.A. (“Bank of America” and, in its capacity as Administrative Agent under the Credit Agreement referred to below, the “Resigning Agent”), WILMINGTON TRUST COMPANY (the “New Agent”), HERBST GAMING, INC. (the “Borrower”), each Lender under the below-referenced Credit Agreement executing a counterpart hereof and each Subsidiary of the Borrower executing a counterpart hereof (collectively, the “Grantors”).
ContractAppointment and Acceptance • October 7th, 2008 • Hawker Beechcraft Acquisition Co LLC • Aircraft & parts • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this "Instrument"), dated as of October 15, 2008 ("Effective Date"), is by and among, Hawker Beechcraft Acquisition Company LLC, a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at 10511 East Central, Wichita, Kansas, 67206 and Hawker Beechcraft Notes Company, a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at 10511 East Central, Wichita, Kansas, 67206 (collectively, the "Company"), Deutsche Bank National Trust Company, a corporation duly organized and existing under the laws of the State of California, having its corporate trust office at 222 South Riverside Plaza, 25th Floor, Chicago, IL 60606 (the "Successor Trustee"), and Wells Fargo Bank, N.A., a national banking association duly organized and existing under the laws of the United States of America, having its corporate trust office at 213 Court Str
ContractAppointment and Acceptance • December 7th, 2015 • Cef Equipment Holding LLC • Asset-backed securities
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Agreement”), dated as of December 4, 2015, by and among GE EQUIPMENT MIDTICKET LLC, SERIES 2012-1 a Delaware limited liability company (“Issuer”), GENERAL ELECTRIC COMPANY, a New York corporation (the “Resigning Servicer”), and GE CAPITAL GLOBAL HOLDINGS, LLC, a Delaware limited liability company (the “Successor Servicer”).
ContractAppointment and Acceptance • February 16th, 2016 • Horsehead Holding Corp • Primary smelting & refining of nonferrous metals • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of February 11, 2016 (the close of business on such date, the “Effective Date”), is by and among Horsehead Holding Corp., a Delaware corporation (the “Issuer”), Horsehead Corporation, Horsehead Metal Products, LLC, The International Metals Reclamation Company, LLC and Chestnut Ridge Railroad Corp., as Subsidiary Guarantors (collectively, the “Subsidiary Guarantors”), Wilmington Trust, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • May 15th, 2020 • Ultra Petroleum Corp • Crude petroleum & natural gas • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of May 12, 2020 (“Effective Date”), is by and among Ultra Resources, Inc., a Delaware corporation (the “Issuer”), Ultra Petroleum Corp., a Yukon, Canada corporation (the “Parent Guarantor”), the Guarantors that are signatories hereto (together with the Parent Guarantor, the “Guarantors”), U.S. Bank National Association, a national banking association (the “Successor Trustee”), and Wilmington Trust, National Association, a national banking association, as Trustee and as Collateral Agent, duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • June 19th, 2020 • LSC Communications, Inc. • Commercial printing • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 16, 2020 (“Effective Date”), is by and among LSC Communications, Inc., a Delaware corporation having its principal office at 191 N. Wacker Drive, Chicago, Illinois 60606 (the “Company”), the Subsidiary Guarantors party hereto, Wilmington Trust, National Association, a national banking association, having offices at 50 South Sixth Street, Suite 1290, Minneapolis, MN 55402 (the “Successor Trustee”), and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America having a corporate trust office at 150 East 42nd Street, 40th Floor, New York, NY 10017 (the “Resigning Trustee”). Capitalized terms used but not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • December 10th, 2008 • Spectrum Brands, Inc. • Miscellaneous electrical machinery, equipment & supplies • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of October 24, 2008 (“Effective Date”), is by and among Spectrum Brands, Inc., a corporation duly organized and existing under the laws of the State of Wisconsin (the “Company”), U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States (the “Successor Trustee”), and Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States, as Trustee (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • February 16th, 2016 • Horsehead Holding Corp • Primary smelting & refining of nonferrous metals • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of February 10, 2016 (the close of business on such date, the “Effective Date”), is by and among Horsehead Holding Corp., a Delaware corporation (the “Issuer”), Delaware Trust Company, a Delaware state chartered trust company (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • October 30th, 2019 • National Oilwell Varco Inc • Oil & gas field machinery & equipment • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of March 2, 2018 is by and among NATIONAL OILWELL VARCO, INC., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), Wells Fargo Bank, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • July 30th, 2014 • Caesars Entertainment Operating Company, Inc. • Hotels & motels
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of July 29, 2014 (this “Instrument”), among CAESARS ENTERTAINMENT OPERATING COMPANY, INC., a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at One Caesars Palace Drive, Las Vegas, Nevada 89101-8969, as successor to Caesars Operating Escrow, LLC, a limited liability company duly organized and existing under the laws of the State of Delaware, and Casears Escrow Corporation, a corporation duly organized and existing under the laws of the State of Delaware (collectively, “Issuer”), UMB BANK, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America having its principal corporate trust office at 120 South Sixth Street, #1400, Minneapolis, MN 55402, as successor Trustee (the “Successor Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the
ContractAppointment and Acceptance • November 21st, 2007 • Tousa Inc • General bldg contractors - residential bldgs
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of November 15, 2007 (this “Instrument”), among TOUSA, INC. (f/k/a TECHNICAL OLYMPIC USA, INC.), a corporation duly organized and existing under the laws of Delaware, having its principal office at 4000 Hollywood Boulevard, Suite 500 N, Hollywood, Florida 33021 (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to Wells Fargo Bank Minnesota, National Association, a national banking association organized and existing under the laws of the United States, having a corporate trust office at 213 Court Street, Suite 703, Middletown, Connecticut 06457, solely in its capacity as resigning Trustee (the “Resigning Trustee”), and WILMINGTON TRUST COMPANY, a banking corporation duly organized and existing under the laws of the State of Delaware, having its corporate trust office at 1100 North Market Street, Wilmington, DE 19890, solely in its capacity as successor Trustee (the “Successor Trustee”).
ContractAppointment and Acceptance • February 24th, 2017 • Enova International, Inc. • Personal credit institutions • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of October 20, 2016 (“Effective Date”), is by and among Enova International, Inc., a Delaware corporation (the “Company”), Computershare Trust Company, N.A., a national banking association duly organized and existing under the laws of the United States of America, and Computershare Trust Company of Canada (together, the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • October 31st, 2011 • Usg Corp • Concrete, gypsum & plaster products • New York
AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (the “Agreement”), dated as of October 18, 2011 (the “Effective Date”) by and among USG CORPORATION, a corporation duly organized and existing under the laws of Delaware and having an office at 550 West Adams Street, Chicago, Illinois 60661 (the “Issuer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States and having a corporate trust office at 190 South LaSalle Street, 10th Floor, Chicago, Illinois 60603 (“Successor Trustee”) and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States and having a corporate trust office at 10 East 40th Street, Floor 14, New York, New York 10016 (“Resigning Trustee”).
ContractAppointment and Acceptance • November 21st, 2007 • Tousa Inc • General bldg contractors - residential bldgs
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of November 20, 2007 (this “Instrument”), among TOUSA, Inc. (f/k/a TECHNICAL OLYMPIC USA, INC.), a corporation duly organized and existing under the laws of Delaware, having its principal office at 4000 Hollywood Boulevard, Suite 500 N, Hollywood, Florida 33021 (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, successor by merger to Wells Fargo Bank Minnesota, National Association, a national banking association organized and existing under the laws of the United States, having a corporate trust office at 213 Court Street, Suite 703, Middletown, Connecticut 06457, solely in its capacity as resigning Trustee (the “Resigning Trustee”), and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States, having its corporate trust office at 10 East 40th Street, 14th Floor, New York, New York 10016, solely in its capacity as successor Trustee (the “Successor
ContractAppointment and Acceptance • March 23rd, 2018 • Orexigen Therapeutics, Inc. • Pharmaceutical preparations
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of March 20, 2018 (“Effective Date”), is by and among Orexigen Therapeutics, Inc. (the “Issuer”), Wilmington Savings Fund Society, FSB, a federal savings bank duly organized and existing under the laws of the United States, as successor trustee (the “Successor Trustee”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America, as resigning trustee (the “Resigning Trustee”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in the Indenture (as defined below).
ContractAppointment and Acceptance • July 30th, 2009 • Encore Capital Group Inc • Short-term business credit institutions
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of September 21, 2006 (this “Instrument”), by and among ENCORE CAPITAL GROUP, INC., a corporation duly organized and existing under the laws of the State of Delaware, having its principal office at 8875 Aero Drive, Suite 200, San Diego, California, 92173 (the “Issuer”), JPMORGAN CHASE BANK, N.A., a national banking association duly organized and existing under the laws of the United States, having its corporate trust office at 4 New York Plaza, 15 th Floor, New York, New York 10004, as resigning Trustee (the “Resigning Trustee”), and THE BANK OF NEW YORK, a corporation duly organized and existing under the laws of the State of New York, having its corporate trust office at 101 Barclay Street—8W, New York, NY 10286, as successor Trustee (the “Successor Trustee”).
ContractAppointment and Acceptance • December 7th, 2015 • GE Equipment Midticket LLC, Series 2013-1 • Asset-backed securities
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Agreement”), dated as of December 4, 2015, by and among GE EQUIPMENT MIDTICKET LLC, SERIES 2013-1 a Delaware limited liability company (“Issuer”), GENERAL ELECTRIC COMPANY, a New York corporation (the “Resigning Servicer”), and GE CAPITAL GLOBAL HOLDINGS, LLC, a Delaware limited liability company (the “Successor Servicer”).
ContractAppointment and Acceptance • August 9th, 2023 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • New York
THIS INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (this “Instrument”), dated as of June 28, 2023 (“Effective Date”), is by and among Diebold Nixdorf, Incorporated (the “Company”), an Ohio corporation, Computershare Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America (the “Successor Trustee”), and U.S. Bank Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America, in its various capacities, described below, as trustee and agent under each of the Indentures, Warrant Agreement, and Unit Agreement (each as defined below) (the “Resigning Trustee,” each of the Resigning Trustee and the Successor Trustee, a “Trustee” and the Resigning Trustee together with the Company and the Successor Trustee, the “Parties”). Capitalized terms not otherwise defined herein shall have the same meaning ascribed to such terms in
ContractAppointment and Acceptance • March 23rd, 2007 • American Media Operations Inc • Periodicals: publishing or publishing & printing
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of March 15, 2006 (this “Instrument”), by and among AMERICAN MEDIA OPERATIONS, INC., a corporation duly organized and existing under the laws of Delaware, having its principal office at 1000 American Media Way, Boca Raton, Florida 33464 (the “Issuer”), J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, having its corporate trust office at 4 New York Plaza, 15th Floor, New York, New York 10004, as resigning Trustee (the “Resigning Trustee”), and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America, having its corporate trust office at 452 Fifth Avenue, New York, New York 10018, as successor Trustee (the “Successor Trustee”).
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCEAppointment and Acceptance • December 21st, 2017 • Exco Resources Inc • Crude petroleum & natural gas
