Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. Pursuant to Section 7.10 of the Indenture, the Resigning Trustee hereby resigns as Trustee under the Indenture. The Resigning Trustee also hereby resigns as Paying Agent, Registrar and Conversion Agent under the Indenture. The Company accepts the resignation of the Resigning Trustee as Trustee, Paying Agent, Registrar and Conversion Agent and hereby appoints the Successor Trustee as Trustee, Paying Agent, Registrar and Conversion Agent under the Indenture.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns the Trustee/Agent Capacities. The Company accepts the resignation of the Resigning Trustee of the Trustee/Agent Capacities, and hereby appoints the Successor Trustee in the Trustee/Agent Capacities. The Company hereby acknowledges that, as of the Effective Date, the Successor Trustee shall be the (i) Trustee under each of the Indentures and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds as Trustee under and by virtue of each of the Indentures, (ii) Warrant Agent under the Warrant Agreement and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds as Warrant Agent under and by virtue of the Warrant Agreement, and (iii) Unit Trustee under the Unit Agreement and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds as Unit Trustee under and by virtue of the Unit Agreement. The Company shall execute and deliver such further instruments and documents and shall take such other actions and do such other things as may be reasonably necessary or as the Resigning Trustee or the Successor Trustee may reasonably require so as to more fully and certainly vest in and confirm to the Successor Trustee all the rights, powers, duties and obligations hereby assigned, transferred, delivered and confirmed to the Successor Trustee for each of the Indentures, the Warrant Agreement, and the Unit Agreement. Notwithstanding the foregoing, the Company and the Successor Trustee each acknowledges and agrees that the Successor Trustee shall take no actions in connection with either the Warrant Agreement or Unit Agreement while the Chapter 11 Cases are ongoing. In accordance with Section 7.09 of the 2L Indenture and Section 7.08 of the Unsecured Notes Indenture, the Company hereby directs the Successor Trustee to deliver to holders of the Notes notices of the Resigning Trustee’s resignation as Trustee and the Successor Trustee’s acceptance of its appointment as Trustee for each of the Indentures, in the forms annexed hereto as Exhibit A.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Custodian, Registrar and Paying Agent under the Indenture. The Issuers accept the resignation of the Resigning Trustee as Trustee, Custodian, Registrar and Paying Agent under the Indenture. The Issuers hereby appoint the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent under the Indenture. Pursuant to Sections 2.03 and 7.08 of the Indenture, the Issuers hereby acknowledge that, as of the Effective Date (as defined in Section 12 below), the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture as Trustee, Custodian, Registrar and Paying Agent. The Issuers shall execute and deliver such further instruments and shall do such other things as the Successor Trustee may reasonably require so as to more fully and certainly vest in and confirm to the Successor Trustee all the rights, powers, duties and obligations hereby assigned, transferred, delivered and confirmed to the Successor Trustee as Trustee, Custodian, Registrar and Paying Agent. The Issuers waive compliance with any applicable advance notice requirements for resignation and appointment of a successor trustee contained in the Indenture.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Paying Agent and Registrar under the Indenture. The Company accepts the resignation of the Resigning Trustee as Trustee, Paying Agent and Registrar and hereby appoints the Successor Trustee as Trustee, Paying Agent and Registrar under the Indenture, and vests and confirms to the Successor Trustee all rights, powers, trusts, privileges, duties, security interests and obligations of such persons under the Indenture, all effective as of the Effective Date.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Paying Agent, and Security Registrar under the Indenture as of the opening of business on June 24, 2013 ( “Effective Date”). The Issuer accepts the resignation of the Resigning Trustee as Trustee, Paying Agent, and Security Registrar, and hereby appoints the Successor Trustee as Trustee, Paying Agent, and Security Registrar under the Indenture as of the opening of the business on the Effective Date. The Issuer hereby acknowledges that, as of the opening of business on the Effective Date, the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, trusts, privileges, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Paying Agent, and Security Registrar under the Indenture. The Issuer accepts the resignation of the Resigning Trustee as Trustee, Paying Agent, and Security Registrar, and hereby appoints the Successor Trustee as Trustee, Paying Agent, and Security Registrar under the Indenture. The Issuer hereby acknowledges that, as of the Effective Date, the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, trusts privileges, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Registrar, Paying Agent and Note Custodian under the Indenture, and as Collateral Agent under the Collateral Agreements. The Company accepts the resignation of the Resigning Trustee and hereby appoints the Successor Trustee as Trustee, Registrar, Paying Agent, Note Custodian under the Indenture and as Collateral Agent under the Collateral Agreements, and vests and confirms to the Successor Trustee all rights, powers, trusts, privileges, duties, security interests and obligations of such persons under the Indenture and the Collateral Agreements, respectively, all effective as of the Effective Date.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Resigning Trustee hereby resigns as Trustee, Paying Agent and Registrar under the Indenture effective as of the Effective Date; provided, that the resignation of the Resigning Trustee as Paying Agent and the appointment of the Successor Trustee as Paying Agent under the Indenture shall be effective 10 business days after the Effective Date.. The Issuer and the Subsidiary Guarantors accept the resignation of the Resigning Trustee as Trustee, Paying Agent and Registrar, and pursuant to Section 7.07 of the Indenture hereby appoint the Successor Trustee as Trustee, Paying Agent and Registrar under the Indenture. The Issuer and the Subsidiary Guarantors hereby acknowledge that, as of the Effective Date, the Successor Trustee shall be the Trustee under the Indenture and shall hold all rights, powers, trusts, privileges, duties and obligations which the Resigning Trustee now holds under and by virtue of the Indenture.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. Pursuant to Section 7.08 of the Indenture, the Resigning Trustee hereby resigns as Trustee under the Indenture. The Resigning Trustee also hereby resigns as Paying Agent, Registrar and Custodian under the Indenture. The Company accepts the resignation of the Resigning Trustee as Trustee, Paying Agent, Registrar and Custodian and, pursuant to Sections 2.03 and 7.08 of the Indenture, hereby appoints the Successor Trustee as Trustee, Paying Agent, Registrar and Custodian under the Indenture.
Acceptance of Resignation of Resigning Trustee; Appointment of Successor Trustee. The Company accepts the resignation of the Resigning Trustee as Trustee, Paying Agent Registrar, and Agent for Service of Notices and, pursuant to the authority vested in it by Section 7.08 of the Indenture, the Company hereby appoints the Successor Trustee as Successor Trustee, Paying Agent, Registrar and Agent for Service of Notices under the Indenture with all of the rights, powers and duties heretofore vested in the Resigning Trustee under the Indenture, such appointment to become effective at the close of business on August 14, 1998 (the "Effective Date").
